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The High Court dismissed a land appeal, holding that the tribunal properly conducted a locus in quo visit, the respondent had standing, and the claim was proved.
The appeal is not incompetent due to its title; the respondent was properly sued as the surviving co-occupier; evidence supports that the disputed land was joint property and not part of the deceased's estate; the trial tribunal's decision is upheld.
Source excerpt
The widow, Janeth Yoram Mbangala, was a joint owner and principal beneficiary of the suit plot and had authority to sell it to the appellant. The sale was valid, and the appellant is entitled to the property. The administrator's role does not override the widow's rights as joint owner and beneficiary.
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