subi ntale vs janken asukile mwalwega others 2023 tzhc 22701 10 november 2023
The tribunal erred by relying on an unpleaded and unproven allegation of forgery, by admitting and relying on nullified criminal proceedings, and by failing to properly evaluate the evidence of both parties. The appellant proved ownership of the suit property on the balance of probabilities, having purchased it first and being recognized as owner by tenants and local leaders. The 1st respondent had no title to pass to the 3rd respondent, and possession of the original certificate by the 3rd respondent did not establish lawful ownership.
Source excerpt
- Ownership of land
- Forgery in civil proceedings
- Stamp duty on documents
- Admissibility of evidence
- Burden of proof
- Estoppel