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Tanzania decisions
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Ex parte land judgment declaring the plaintiff lawful owner, cancelling the second defendant’s title, and granting a permanent injunction, with damages refused.
The Plaintiff's title deed for Plot No. 131, Block F, Nyakato Service Industry, Mwanza, is valid and conclusive evidence of ownership, having been lawfully issued after the subdivision of Plot No. 105. The 1st Defendant failed to prove fraud, illegality, or that Plot No. 131 originated from Plot No. 110. The Plaintiff is the lawful owner, and the land register must be rectified accordingly.
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The arbitrator and mediator acted within their jurisdiction; condonation for delay was justified due to medical reasons; the issues framed were based on parties' pleadings; the applicant breached the employment contract by failing to comply with termination procedures; damages awarded for breach and tort were supported by evidence; no sufficient grounds were shown to revise the CMA award.
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The respondent proved ownership of the disputed land on the balance of probabilities, and the appellant failed to substantiate his claims or call corroborative witnesses. The trial tribunal properly evaluated the evidence and gave reasons for its decision. The appeal lacked merit and was dismissed.
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The application is inadmissible because the applicant failed to exhaust available domestic remedies as required by Article 40(5) of the Rules; thus, the Tribunal cannot consider whether the application was filed within a reasonable time or other admissibility conditions.
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The Court of Appeal dismissed an appeal over alleged ownership of 300 acres, holding the appellant failed to prove allocation or encroachment on the balance of probabilities.
The applicants did not exhaust available domestic remedies, and the delays in national proceedings were attributable in part to their own conduct. No evidence was provided that domestic remedies were ineffective or unduly prolonged. Therefore, the application is inadmissible.
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The High Court of Tanzania at Mwanza found the defendant likely demolished the plaintiffs' house without proper notice, awarding general damages but rejecting specific damages and false imprisonment.
The African Court struck out an application against Mali after the applicant failed to reformulate it to meet procedural Rules, despite legal assistance and extensions.
The appeal was allowed because the criminal charge for malicious damage to property could not stand without first resolving the land ownership dispute, and the evidence on record was contradictory and insufficient to prove the offence beyond reasonable doubt. The compensation awarded was also unsupported by evidence after the valuation report was discredited.
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