thabit mohamed mgwalu vs morsadi hassan malende another 2018 tzhclandd 143 11 may 2018

The appellant acquired lawful title to the disputed land by adverse possession, having occupied and developed it since 1970 without disturbance. The respondents had no authority to sell the land, and the appellate tribunal erred in disregarding the trial tribunal's assessment of witness credibility.

Citation: thabit mohamed mgwalu vs morsadi hassan malende another 2018 tzhclandd 143 11 may 2018
Parties: Appellant: Thabit Mohamed Mgwalu; 1st Respondent: Morsadi Hassan Malende; 2nd Respondent: Sauda Ally Malende
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 11 May 2018
Procedural Posture: Land Appeal / Judgment on Second Appeal
Outcome: Appeal allowed
Legal Topics: Adverse Possession, Title to Land, Credibility of Evidence, Sale of Land Without Title
Source Language: English

Land Law Adverse Possession Title to Land Credibility of Evidence Sale of Land Without Title

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Parties

Thabit Mohamed Mgwalu

Appellant

Morsadi Hassan Malende

1st Respondent

Sauda Ally Malende

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Second Appeal

Legal Issues

1 Whether the appellant acquired title to the disputed land by adverse possession
2 Whether the respondents had authority to sell the disputed land
3 Whether the appellate tribunal erred in assessing the credibility of evidence

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Decision and orders of the District Land and Housing Tribunal in Land Appeal No. 41 of 2016 quashed
Decision of the trial Ward Tribunal No. 35 of 2015 upheld