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Tanzania decisions
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The High Court dismissed a land appeal and upheld compensation to a respondent whose house and customary land rights were affected by a later survey and occupancy grant.
The rectification of the land register was procedurally flawed and unjustified as the Appellant was not properly notified or given a fair hearing, and the grounds for rectification did not meet the statutory requirements. The failure to compensate the previous owner was an administrative error by the authorities and should not result in dispossession of the Appellant.
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The High Court held the sellers failed to prove legal title to the disputed land and ordered compensation from them, while declaring the land belongs to Okutu and Losokonoi villages.
The plaintiff lawfully purchased 24 acres (20 acres from the 1st defendant and 4 acres from the 2nd defendant) as evidenced by sale agreements and corroborated by oral and documentary evidence. The remaining 9.10 acres of the larger farm remain with the 2nd defendant. The dispute arose due to compensation issues and boundary confusion following government acquisition for road construction. The plaintiff's evidence was more credible and consistent, and the defendants admitted to the sales. The court disregarded prior tribunal decisions as they were quashed for procedural reasons.
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The High Court held that Clementina Jilanga proved ownership of the disputed land, ordered the 2nd to 4th defendants to vacate or compensate, and dismissed claims against the municipal council and Attorney General.
Applicant failed to establish irreparable loss as land, trees, and stones can be compensated; balance of convenience favours public interest; application for temporary injunction or declaratory order dismissed.
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Applicant failed to account for 41 days of delay between withdrawal of previous application and filing present application; no sufficient cause shown for extension of time; application dismissed for lack of merit.
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The High Court dismissed an application for interim injunction over disputed land, holding that the applicant failed to show a prima facie case against execution of a Court of Appeal order.
The High Court in Kigoma held that the plaintiff proved entitlement to only 2049 square metres, not the full 33 acres claimed, and ordered no costs.
The High Court dismissed a land claim over 980 acres at Malula, holding that the land had been lawfully allocated under operation vijiji and that the village council remained owner.
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