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The respondent adduced heavier and more credible evidence than the appellant, proving ownership of the disputed land, and the appellant was merely an invitee. The respondent's locus standi was established as the land was given to him before his father's death, so it was not part of the deceased's estate.
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The trial court was within its statutory powers to appoint the second respondent, an interested party, as administratrix, even if she did not petition for appointment. However, the appointment of the village chairperson as co-administrator was improper as there was insufficient basis to conclude he was a necessary, impartial, and able party to unite the families. The appeal partly succeeds to the extent that the village chairperson's appointment is quashed, but the second respondent remains as sole administratrix.
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The evidence established that all matrimonial assets, including the block-built house, were acquired jointly during the marriage. The appellant failed to challenge the respondent's evidence on joint acquisition. The concurrent findings of the lower courts on the division of assets (60% to appellant, 40% to respondent) were based on proper assessment of contribution and are not to be disturbed absent misdirection or error.
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The appellant failed to prove his claim for TZS 1,150,000 as the alleged written contract was not properly tendered or admitted in evidence; only the amount admitted by the respondent (TZS 500,000) is proved. The District Court erred by considering the issue of interest, which was not raised at trial.
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The appeal was filed within the statutory limitation period because, upon excluding the day of judgment and the day of filing as required by law, the payment of court fees on 25/04/2024 constituted timely filing within 30 days of the judgment delivered on 26/03/2024. The first appellate court erred in its computation and in striking out the appeal as time-barred.
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The High Court lacks jurisdiction to entertain an appeal that challenges decisions of both the Ward Tribunal and the District Land and Housing Tribunal simultaneously; such an appeal is incompetent and must be struck out.
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The Assistant Registrar of Titles acted unlawfully by issuing a notice to remove the caveat and register the right of occupancy in favour of the 2nd and 3rd respondents without affording the appellants the right to be heard and without investigating the alleged fraudulent transfer, in violation of statutory requirements and principles of natural justice. The proper procedure was to appeal under section 102 of the Land Registration Act, not to institute a suit under the Registration of Documents Act, as the caveat had not yet been removed but was threatened by the notice.
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The appellant's arguments regarding limitation and inheritance were unsupported by evidence and introduced for the first time on appeal. The lower tribunals properly evaluated the evidence and applied the law, justifying dismissal of the appeal.
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The appellant failed to advance sufficient cause for non-appearance on the hearing date, as the medical report did not preclude attendance and the claim of both advocates being bereaved was unsupported by affidavit. The issue of vulnerability was not raised at the tribunal and is not a legal ground for setting aside the dismissal. The tribunal's decision stands.
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All three houses, the two plots, and household items are matrimonial properties as they were acquired during the marriage and both parties contributed, either financially or through domestic work. The appellant failed to provide sufficient evidence to prove sole ownership or lack of respondent's contribution. The car was not proven to be matrimonial property due to insufficient evidence of joint acquisition or contribution. The lower courts properly evaluated the evidence and their concurrent findings stand.
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