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Tanzania decisions
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The High Court dismissed an application for leave to appeal, holding the proposed grounds raised no point of law warranting Court of Appeal intervention.
The respondent's father was the rightful owner of the suit land, having lent it to Pius Mlimwa as an invitee; the law of limitation and abandonment did not apply as the land was never dispossessed or abandoned, and invitees cannot acquire ownership to the exclusion of the host.
Source excerpt
The High Court dismissed a land appeal, holding that the appellant’s allocation was unlawful because abandonment of the land for the statutory period was not proved.
The High Court Land Division dismissed a second land appeal, holding that the disputed land had been abandoned and that the respondent’s prior occupation supported ownership.
The Court of Appeal dismissed a land appeal, holding that nonjoinder of the village council did not vitiate proceedings and the land-abandonment procedure was not proved.
Respondent acquired ownership of the disputed land by adverse possession after appellant abandoned it; lower tribunals correctly evaluated evidence and reached a fair decision.
Source excerpt
The High Court held that the land was not lawfully abandoned and that reallocation without notice and proper Village Assembly approval was unlawful.
The High Court restored a Ward Tribunal decision and held that prolonged abandonment of land, combined with long occupation and development by the appellant, supported loss of title.
Respondent abandoned the land for over 10 years, causing loss of title; appellant took possession but failed to follow proper allocation procedures; Ward Tribunal's decision to allocate half to each party was correct and within their exclusive knowledge.
Source excerpt
The High Court dismissed a land appeal, holding that the appellant had abandoned the land and the village council lawfully allocated it to the respondent.
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