kuri akwama vs aos seth 2012 tzhclandd 132 5 november 2012

Ochuodho Riaki had no title to the disputed land under customary law and could not mortgage or sell it; the appellant, however, lacked locus standi as he did not sue as a representative of the Kawino Clan.

Citation: kuri akwama vs aos seth 2012 tzhclandd 132 5 november 2012
Parties: Appellant: Kuri Akwama; Respondent: Aos Seth
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 5 November 2012
Procedural Posture: Land Appeal / High Court Appeal From District Land and Housing Tribunal
Outcome: Appeal succeeds to the extent that all lower tribunal proceedings are quashed; appellant may institute fresh proceedings as representative of the Kawino Clan; no order as to costs.
Legal Topics: Title to Land, Customary Land Rights, Locus Standi, Mortgage of Unregistered Land
Source Language: English

Land Law Customary Law Title to Land Customary Land Rights Locus Standi Mortgage of Unregistered Land

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Parties

Kuri Akwama

Appellant

Aos Seth

Respondent

Procedural Posture

Land Appeal / High Court Appeal From District Land and Housing Tribunal

Legal Issues

1 Whether Ochuodho Riaki had title to the disputed land to mortgage or sell it
2 Whether the procedure for redemption of mortgaged unregistered land was violated
3 Whether the appellant had locus standi to sue on behalf of the Kawino Clan

Ratio Decidendi

Court Disposition

Appeal succeeds to the extent that all lower tribunal proceedings are quashed; appellant may institute fresh proceedings as representative of the Kawino Clan; no order as to costs.

Orders

Proceedings of the Rochi Ward Tribunal and District Land and Housing Tribunal quashed.
Appellant may file fresh proceedings as representative of the Kawino Clan.