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The High Court dismissed an appeal over a disputed Mbagala land parcel, holding that the appellant’s evidence departed from his pleadings and the demolition was by TANROADS.
The trial tribunal properly assumed jurisdiction due to the inoperative ward tribunal, proprietary estoppel bars eviction of appellant, exhibit P2 was wrongly admitted and should be expunged, variance between pleadings and evidence did not prejudice parties, appellant did not prove purchase of disputed land, and compensation for crops is to be determined by the trial tribunal.
Source excerpt
The respondent proved ownership of the suit land on the balance of probability, and the appellant was time barred from instituting proceedings as more than twelve years had elapsed since abandonment of the land.
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