veronica hassani kishai vs susan salum malangai and others 2021 tzhclandd 231 30 june 2021

veronica hassani kishai vs susan salum malangai and others 2021 tzhclandd 231 30 june 2021

The appeal was dismissed because the appellant failed to provide documentary or credible oral evidence proving she gave the purchase price to the first respondent or that the first respondent acted on her behalf. The sale agreement and vendor's testimony established the first respondent as the lawful purchaser. Family relationship was irrelevant in the face of clear documentary evidence.

Citation
veronica hassani kishai vs susan salum malangai and others 2021 tzhclandd 231 30 june 2021
Parties
Appellant: Veronica Hassan Kishai; 1st Respondent: Susan Salum Malangai; 2nd Respondent: Dorikas Salum Malangai; 3rd Respondent: Hassan Kishai
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 June 2021
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Ownership of Land, Sale Agreement Validity, Documentary Evidence, Family Relationship and Property, Burden of Proof
Source Language
English
Land Law Ownership of Land Sale Agreement Validity Documentary Evidence Family Relationship and Property Burden of Proof

Case Brief

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Parties

Veronica Hassan Kishai

Appellant

Susan Salum Malangai

1st Respondent

Dorikas Salum Malangai

2nd Respondent

Hassan Kishai

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant proved lawful ownership of the disputed land
  2. 2 Whether the trial tribunal erred in relying on the sale agreement naming the first respondent as purchaser
  3. 3 Whether the trial tribunal erred in relying on evidence allegedly tainted with lies

Ratio Decidendi

The appeal was dismissed because the appellant failed to provide documentary or credible oral evidence proving she gave the purchase price to the first respondent or that the first respondent acted on her behalf. The sale agreement and vendor's testimony established the first respondent as the lawful purchaser. Family relationship was irrelevant in the face of clear documentary evidence.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs