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Tanzania decisions
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The court held that none of the competing parties proved a valid title to Plot No. 787 Msasani Beach, and dismissed both the main suit and counterclaim.
Plaintiff failed to prove that Plot No.504A Ex-Daya Estate was changed to Plot No.505 Ex-Daya Estate or that the suit property forms part of the estate of Alexander Kaluwa Wahyungi; failure to call key witnesses and lack of documentary evidence on the change of plot designation was fatal to the case.
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Inconsistencies and misplacement of court files, as well as reassignment confusion, contributed to appellants' loss of track and control of proceedings, justifying extension of time and setting aside the dismissal order in the interest of justice.
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The High Court dismissed a land appeal after finding the respondent bought the disputed land first, giving him superior title under the priority principle.
The appellant's certificate of occupancy was the first validly issued title and there was no evidence of fraud. The subsequent certificate to the 2nd respondent was invalid due to the priority principle in double allocation. The trial tribunal's decision was based on speculation without evidential support and is quashed.
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Plaintiff acquired the plot and was issued the certificate of title before the 1st defendant; the survey plan for the 1st defendant's plot was canceled, rendering it non-existent. Plaintiff's title is valid and superior.
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The High Court held that the defendants were the lawful owners of the disputed Pugu Mwakanga land, applying the priority principle and dismissing the plaintiff's case.
The evidence and findings at locus in quo established that the parties purchased different pieces of land from the same vendor, but the respondent encroached upon the appellant's land. The trial Tribunal erred by relying on the priority principle instead of resolving the issue of trespass based on documentary and oral evidence and boundary differences.
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The Court of Appeal nullified lower-court proceedings after finding the District Land and Housing Tribunal failed to secure assessors’ opinions as required by law.
The court dismissed a land claim over Plot 454 Block J, Mbezi, holding the 1st defendant’s earlier Letter of Offer prevailed and the plaintiff failed to prove ownership.
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