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Tanzania decisions
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The High Court found the defendants misrepresented a mortgaged property sold at auction, making the contract voidable and awarding refund, damages, interest, and costs.
The High Court’s Land Division held that a fourth defendant had mortgaged her property to secure a bank loan, and ordered vacant possession for sale after default.
The applicant introduced new facts in the supplementary affidavit without leave of the court, contrary to the amendment order. The affidavit is incurably defective as the facts regarding eviction were within the applicant's knowledge at the time of the original affidavit but were omitted. Submissions from the bar cannot substitute for affidavit evidence. Without supporting evidence of eviction in the affidavit, the application for maintenance of status quo ante fails.
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The application for review was dismissed because the Applicant failed to demonstrate discovery of new and decisive evidence not previously available with due diligence, and no error apparent on the face of the record was established. The Applicant's arguments were found to be attempts to re-litigate the merits, which is not permissible under the review jurisdiction.
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Applicant met all statutory conditions for stay of execution; timely filing, demonstrated risk of irreparable loss, firm undertaking to furnish security, and attached required documents. Security must be reasonable and court-directed, not arbitrary. Stay granted subject to deposit of bank guarantee for TZS 142,500,000 within sixty days.
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Plaintiff's evidence was consistent and credible, supported by witnesses with longstanding knowledge of the land and documentary evidence. Defendant's evidence was contradictory, lacked documentary proof of allocation, and failed to establish lawful acquisition. The land belonged to the plaintiff's deceased father, and defendant was merely a guardian, not owner.
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Plaintiff holds a valid certificate of occupancy and title deed; 1st defendant lacks legal documentation of ownership. No evidence of fraud or unlawful acquisition by plaintiff. Plaintiff is the lawful owner.
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The High Court dismissed a land trespass suit after finding the plaintiff failed to prove ownership of 60 acres and documentary evidence showed a settlement.
The appellant lacked locus standi to challenge the trial court's judgment as he was not a party to the original proceedings and the judgment concerned a debt claim issued prior to his purchase of the property; thus, the application before the District Court was incompetent and the appeal untenable.
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The appellant lacked locus standi to seek extension of time for revision as he had no established legal interest in the judgment and decree of the trial court, and the application before the District Court was incompetent. Consequently, the District Court's proceedings and ruling were nullified, and the appeal was struck out.
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