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The plaintiff failed to prove, on a balance of probabilities, that his plot was reduced in size or that the 2nd defendant trespassed on his land. The evidence showed the boundaries matched the registered survey plan and there was no unlawful encroachment. The plaintiff did not substantiate the existence or effect of conflicting drawings, nor did he prove entitlement to the reliefs sought.

Citation
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Parties
Plaintiff: Thomas Baumba Nyarusanda; 1st Defendant: Morogoro Municipal Council; 2nd Defendant: M/S Eoucare Secondary School Morogoro; 3rd Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1992
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Ownership of Land, Trespass, Burden of Proof, Land Boundaries, Survey Plans
Source Language
English
Land Law Civil Procedure Ownership of Land Trespass Burden of Proof Land Boundaries Survey Plans

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Baumba Nyarusanda

Plaintiff

Morogoro Municipal Council

1st Defendant

M/S Eoucare Secondary School Morogoro

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether Plot No. 98, Block G and Plot 646 Block G overlap each other
  2. 2 Whether there was trespass by the 2nd defendant to Plot No. 98, Block G
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The plaintiff failed to prove, on a balance of probabilities, that his plot was reduced in size or that the 2nd defendant trespassed on his land. The evidence showed the boundaries matched the registered survey plan and there was no unlawful encroachment. The plaintiff did not substantiate the existence or effect of conflicting drawings, nor did he prove entitlement to the reliefs sought.

Court Disposition

Suit dismissed with costs

Orders

  • Plaintiff's claims are dismissed in their entirety
  • Plaintiff to pay costs of the suit