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Land appeal dismissed: the appellant failed to prove lawful transfer of the suit property from the original estate, so the title in Boniface Hamisi’s name was not enough.
The High Court at Mwanza granted an ex parte land application directing issuance of summons over a certificate of title under section 37(2) of the Land Registration Act.
The Court of Appeal dismissed a land appeal, holding that the respondent’s certificate of title proved ownership, the suit was timely, and Exhibit D1 had no effect.
The appeal is dismissed because the dispute over Plot No. 138 was already settled by a consent judgment in Application No. 22/2009, rendering the matter res judicata and barring further appeal. The appellant failed to prove the certificate was not separated, failed to prove lack of mortgagee consent, and failed to establish any procedural or evidentiary error by the trial tribunal. The evidence favored the respondents, confirming the 2nd respondent as the lawful owner.
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Appellant failed to prove ownership and size of disputed land on balance of probabilities; tribunal resolved all issues, followed proper procedure, and considered all evidence including exhibit A1. Certificate of title and site plan tendered by respondent were conclusive. Appeal lacks merit.
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The High Court dismissed a land revision application, finding the applicants failed to prove their land related to the disputed subject matter or that the omission caused injustice.
The grounds raised by the applicant do not constitute manifest errors on the face of the record, nor do they show deprivation of the right to be heard or lack of jurisdiction as required under Rule 66(1) of the Tanzania Court of Appeal Rules. The application is an attempt to re-argue the case and does not meet the strict criteria for review.
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The Court of Appeal dismissed a review application, holding that the alleged errors were not manifest errors on the face of the record.
The appellant's Certificate of Title for Plot No. 8 Block K Miyuji North did not expire in 1986, as the evidence showed continued payment of annual land rent and no statutory notice of revocation was issued. The respondents failed to prove ownership by adverse possession or gift inter vivos, and there was no evidence that Dodoma City Council owned the land. The Tribunal erred in its analysis and findings. The appellant is the lawful owner, and the respondents are trespassers.
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Plaintiff failed to prove ownership of the disputed land as the sale agreement lacked sufficient description and did not comply with legal requirements. The 4th defendant holds a valid Certificate of Title, and the plaintiff's compensation claim is time-barred and not properly pleaded. The suit is dismissed with costs.
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