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Tanzania decisions
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Properties distributed by family members under customary law and developed by the spouses are matrimonial assets subject to division. Equal division of assets and maintenance for children was proper; maintenance for the appellant was not warranted as she received an equal share of assets.
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The trial tribunal failed to comply with mandatory procedural requirements during the locus in quo visit, resulting in a procedural irregularity that vitiated the trial and occasioned a miscarriage of justice, necessitating nullification of the proceedings and judgment related to the locus in quo.
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The Appellant failed to prove ownership of the disputed land to the required standard. The evidence established that the 1st Respondent inherited the land in question and had legal capacity to sell it. The tribunal complied with High Court orders, including visiting the locus in quo. The contracts of sale were valid as the 1st Respondent had authority to dispose of her inherited portion. The Appellant's claims were unsupported by credible evidence.
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The plaintiff lacked locus standi because the estate had already been inherited by the deceased's family and there was nothing left to administer. The appointment as administrator was a nullity, and the suit was dismissed for want of locus standi.
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The High Court dismissed a land appeal, holding that the appellant failed to prove ownership and that adverse possession was not pleaded or proved by either side.
The appeal was dismissed because the District Land & Housing Tribunal did not interfere with the Probate Court's jurisdiction, properly considered the evidence and assessors' opinions, did not improperly apply adverse possession, and the respondent proved ownership through customary inheritance. The appellant failed to establish that the disputed land was part of the deceased's estate subject to distribution.
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High Court appeal over probate distribution dismissed. The court upheld customary-law administration of a polygamous estate and found no fatal procedural irregularity.
The High Court allowed a land appeal, holding that the respondent failed to prove ownership of the suit land and that the tribunal misapplied the burden of proof.
Plaintiff failed to prove ownership of the disputed land by Bi Hamisa on balance of probabilities; oral evidence unsupported by documents and contradicted by prior tribunal findings and defence evidence; suit dismissed.
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The appellant lacked locus standi as she was not the administratrix of the estate; her claim of customary inheritance did not exempt her from legal requirements. She failed to prove her case on a balance of probabilities, and adverse possession was not applicable as her occupation was not adverse to the respondents' title. The appellate tribunal properly considered assessors' opinions. The appeal was unmerited and dismissed.
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