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Tanzania decisions
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The appellant failed to prove ownership of the disputed land on the balance of probabilities, particularly by failing to establish boundaries and provide credible evidence of title. The DLHT's decision was supported by evidence from the village council and proper evaluation of the law. Procedural errors, such as omission of a party's name, did not prejudice the outcome.
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The High Court dismissed a land appeal, holding that the appellant failed to plead and prove specific encroachment or boundaries, and that the tribunal properly evaluated the evidence.
The trial Tribunal failed to resolve the key issue of the geographical location and boundaries of the disputed land, and did not conduct a visit to locus in quo despite conflicting evidence, resulting in an unfair hearing and erroneous decision.
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The High Court Land Division dismissed an appeal arising from a land ownership dispute, holding that the trial tribunal correctly assessed the evidence and resolved the case on a balance of probabilities.
The High Court dismissed a land appeal over trespass and boundary issues, finding the disputed structures were on the respondent’s land, but expunged costs against the indigent appellant.
Land appeal over alleged encroachment and boundaries. The High Court held a locus in quo visit was necessary, set aside the tribunal decision, and remitted the matter.
The High Court allowed a land appeal, reinstating the Ward Tribunal’s decision that the appellant owned the disputed plot and the respondent must demolish her building.
The trial tribunal erred by failing to visit the locus in quo despite the dispute centering on boundaries and location, which required physical verification. This omission rendered the proceedings and judgment unsafe, necessitating a retrial with a visit to the locus in quo.
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The trial tribunal improperly conducted the locus in quo visit for evidence collection rather than verification, resulting in a decision based on evidence not properly obtained and denying the appellant the right to be heard.
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