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Tanzania decisions
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The High Court held that the Primary Court lacked jurisdiction over a civil claim for compensation tied to developments on land in a deceased’s estate, and quashed the lower-court proceedings.
The appellant failed to prove the existence of a valid oral agreement directly with the respondent granting him ownership of the disputed land. The appellant was an invitee and caretaker, not an owner, and improvements or long occupation do not confer ownership. The issue of compensation was not properly raised as a counterclaim before the tribunal and cannot be determined on appeal.
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The High Court dismissed a land appeal, holding that the appellants raised new issues on appeal and that the land register supported the respondent’s ownership.
The High Court held that Buyuni Company Limited was the lawful owner of the disputed land, granted eviction against the 1st defendant, and dismissed the fence-damage claim.
The High Court quashed orders for vacant possession and compensation, holding the respondent was an invitee, not a trespasser, and that the award lacked evidentiary basis.
The main claim was for recovery of land, thus the limitation period was 12 years from the date the respondent became aware of dispossession (January 2019). The respondent's suit was filed within time. Compensation for developments and refund of purchase price are ancillary to the main claim and not time barred. The Tribunal erred in awarding both the full purchase price and the full value of developments; only the market value of the suit premises at dispossession (TZS 119,691,034) is recoverable. Refund of electricity bills and general damages were properly awarded as direct consequences of…
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The Court of Appeal of Tanzania dismissed a land dispute appeal, upholding that the plot belonged to the respondents and ordering vacant possession subject to compensation.
The High Court granted leave to appeal in a village land dispute involving long occupation, inheritance claims, and compensation for developments.
The High Court granted leave to appeal after finding a point of law on whether long occupation of village land with local authority could bar eviction without compensation.
The High Court certified a point of law and granted leave to appeal in a land dispute about eviction without compensation after long occupation and development.
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