20120927 TZHC Dar es Salaam

20120927 TZHC Dar es Salaam

The limitation period did not begin in 1984 when the land was offered for use, but in 2000 when the appellant demanded its return and was refused. The appellant filed suit within time and retained ownership, as the use by the respondents' club was temporary and not a transfer of title.

Citation
20120927 TZHC Dar es Salaam
Parties
Appellant: Sungura Hamisi; Respondents: Frank Kikongere & Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 September 2012
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Limitation of Actions, Ownership of Land, Burden of Proof
Source Language
English
Property Law Civil Procedure Limitation of Actions Ownership of Land Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sungura Hamisi

Appellant

Frank Kikongere & Others

Respondents

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant's suit was time barred under the Law of Limitation Act
  2. 2 Whether the appellant retained ownership of the disputed land after offering it for temporary use

Ratio Decidendi

The limitation period did not begin in 1984 when the land was offered for use, but in 2000 when the appellant demanded its return and was refused. The appellant filed suit within time and retained ownership, as the use by the respondents' club was temporary and not a transfer of title.

Court Disposition

appeal allowed

Orders

  • Decision of the District Court of Ilala quashed
  • Appellant awarded costs