yeriko mgege vs joseph amos mhiche 2020 tzca 266 18 may 2020

yeriko mgege vs joseph amos mhiche 2020 tzca 266 18 may 2020

Appellant's occupation was by permission and did not constitute adverse possession; invitee status precludes ownership by limitation. The sale agreement was validly witnessed and signed by appellant. The High Court's judgment satisfied procedural requirements. No merit in any ground of appeal.

Citation
yeriko mgege vs joseph amos mhiche 2020 tzca 266 18 may 2020
Parties
Appellant: Yeriko Mgege; Respondent: Joseph Amos Mhiche
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 May 2020
Procedural Posture
Civil Appeal / Third Appeal
Outcome
appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Burden of Proof, Invitee Status, Fraud in Civil Proceedings
Source Language
English
Land Law Civil Procedure Evidence Adverse Possession Limitation of Actions Burden of Proof Invitee Status Fraud in Civil Proceedings

Case Brief

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Parties

Yeriko Mgege

Appellant

Joseph Amos Mhiche

Respondent

Procedural Posture

Civil Appeal / Third Appeal

Legal Issues

  1. 1 Whether continuous and undisturbed occupation of land for over twelve years confers ownership by adverse possession
  2. 2 Whether the High Court erred by not giving reasons for rejecting grounds of appeal as required by Order XX Rule 4 of the Civil Procedure Code
  3. 3 Whether the appellant witnessed and signed the sale agreement between his father and the respondent

Ratio Decidendi

Appellant's occupation was by permission and did not constitute adverse possession; invitee status precludes ownership by limitation. The sale agreement was validly witnessed and signed by appellant. The High Court's judgment satisfied procedural requirements. No merit in any ground of appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed entirely with costs to the respondent