20160826 TZHC Mwanza

20160826 TZHC Mwanza

The appellant failed to prove her case on a balance of probabilities, and the evidence supported the respondent's claim of inheritance and allocation by the Village Government. The omission to write the Secretary's name in the Ward Tribunal coram was not fatal since the Secretary's signature sufficed to prove presence. The lower tribunals' decisions were correct and are upheld.

Citation
20160826 TZHC Mwanza
Parties
Appellant: Tausi Shaban; Respondent: Shida Msendo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 August 2016
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Land Allocation, Inheritance of Land, Ward Tribunal Procedure, Coram and Jurisdiction, Appellate Review
Source Language
English
Land Law Land Allocation Inheritance of Land Ward Tribunal Procedure Coram and Jurisdiction Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Tausi Shaban

Appellant

Shida Msendo

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the land in dispute was lawfully allocated to the respondent's predecessor
  2. 2 Whether the lower tribunals erred in law or fact in their findings
  3. 3 Whether the Ward Tribunal proceedings were vitiated by lack of proper coram

Ratio Decidendi

The appellant failed to prove her case on a balance of probabilities, and the evidence supported the respondent's claim of inheritance and allocation by the Village Government. The omission to write the Secretary's name in the Ward Tribunal coram was not fatal since the Secretary's signature sufficed to prove presence. The lower tribunals' decisions were correct and are upheld.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Decisions of the District Land and Housing Tribunal for Mara at Musoma in Land Case No. 152 of 2009 and the Ward Tribunal of Etaro in Application No. 42 of 2009 are upheld and confirmed.