Sample Petition of Appeal

This document is a petition of appeal filed in the High Court of Tanzania (Land Division) regarding a land dispute case. The appellant is appealing the decision of the District Land and Housing Tribunal for Temeke, arguing that the chairperson made errors in law and fact by relying on contradictory witness testimony and an allegedly fabricated exhibit that was given undue weight. The appellant requests that the high court quash the lower court's decision, declare that the respondent encroached on the appellant's land, issue an injunction preventing further development by the respondent, and declare the appellant the rightful owner of the disputed land. Alternatively, the appellant requests the lower court's decision be reheard.

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Sample Petition of Appeal

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jaymwanisawa

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IN THE HIGH COURT OF TANZANIA

(LAND DIVISION)

AT DAR ES SALAAM.

LAND APPEAL NO…………. OF 2019

[Being an Appeal from the Decision and Orders of the District Land and Housing Tribunal
for].

Between

Yyyyyyyyyy …………………………………………………….APPLICANT

VERSUS

Tttttttttttt ……………………………………………………..………….RESPONDENT

PETITION OF APPEAL

The Appellant herein named above has being aggrieved by the decision and Orders of the
District Land and Housing Tribunal for Temeke (Hon A,,…………….) delivered on 17th day of
May, 2019, Appeal against the whole of said decision of the following grounds:

1. That the learned chairperson erred in law and fact by relying to the testimony of DW1,
DW2, and DW3 which was in itself contradicting and inconformity with what was
pleaded in the Defendant's Statement of Defense.

2. That the learned Chairperson erred in law and fact by applying to the Applicant a
standard of proof inappropriate to civil cases.

3. That the learned Chairperson erred in law and facts by failing to analyze the testimony of
PW1, PW2, PW3, and PW4.

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4. That the learned Chairperson erred in law and fact in according undue weight and relying
on the fabricated Exhibit D1.

THEREFORE the Appellant prays to this Honourable tribunal for the following orders: -

i. That the Honourable Court be pleased to quash and set aside the decision, order
observations of the District Land and Housing Tribunal for Temeke District.

ii. That the Honourable Court be pleased to declare that the Respondent has encroached
and trespassed to the Appellant’s land without any legal justification.

iii. That the Honourable Court be pleased to issue an order for permanent injunction
against the Respondent not to make any developments beyond the area where the
pre-existing boundary stood before it was encroached by the Respondent.

iv. That the Honourable Court be pleased to declare that the Appellant is rightful owner
of the land in dispute. Alternatively, order that the District Land and Housing
Tribunal rehears the claims if this Honorable Court deems it just and expedient.