20181019 TZHC Mwanza2

20181019 TZHC Mwanza2

There were no extraordinary circumstances warranting interference with the trial tribunal's findings of fact; both parties had opportunity to present evidence, and the trial tribunal was better placed to assess credibility. The appeal lacked merit and was dismissed.

Citation
20181019 TZHC Mwanza2
Parties
Appellant: Zaituni Said Sollo; Respondent: Shariff Cha Cha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 2018
Procedural Posture
Land Appeal / Second Appeal Before High Court
Outcome
Appeal dismissed with costs
Legal Topics
Appeals, Evaluation of Evidence, Land Ownership Disputes
Source Language
English
Land Law Civil Procedure Appeals Evaluation of Evidence Land Ownership Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Zaituni Said Sollo

Appellant

Shariff Cha Cha

Respondent

Procedural Posture

Land Appeal / Second Appeal Before High Court

Legal Issues

  1. 1 Whether the appellate tribunal erred in law and fact by deciding in favour of the respondent without proper consideration of the appellant's evidence
  2. 2 Whether the appellate tribunal failed to properly analyze the evidence on record
  3. 3 Whether the trial and appellate tribunals failed to consider material testimonial evidence of the appellant

Ratio Decidendi

There were no extraordinary circumstances warranting interference with the trial tribunal's findings of fact; both parties had opportunity to present evidence, and the trial tribunal was better placed to assess credibility. The appeal lacked merit and was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent