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The High Court allowed a land appeal after finding the tribunal’s judgment relied on extraneous facts not reflected in the record and ordered a retrial.
The High Court dismissed a land appeal, holding the appellant failed to prove the disputed house belonged to the deceased’s estate and found no extraneous matters.
The trial tribunal erred in law and fact by failing to properly evaluate the evidence regarding ownership, by relying on uncorroborated oral evidence of sale, and by introducing extraneous issues such as limitation without hearing the parties. The appellant proved, on the balance of probabilities, that the disputed land was the property of his late father, and the respondent failed to establish lawful ownership or transfer. The trial tribunal's judgment and decree are nullified, and the disputed land is declared the property of the late Said Mlambo.
Source excerpt
The Court of Appeal of Tanzania allowed a murder appeal, finding the evidence unreliable and the cautioned statement improperly admitted.
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