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Tanzania decisions
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The Tribunal should have visited the locus in quo given the factual disputes; failure to do so was an error warranting quashing of proceedings from the point of inviting assessors and setting aside the judgment and award.
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The High Court held that the disputed road lay on the plaintiff’s land, but ordered it to remain as an easement subject to compensation assessed by a valuer.
The appellant failed to prove his claims regarding easement and improper evaluation of evidence. The tribunal properly evaluated all evidence, followed procedures for locus in quo, and the appellant is estopped from denying agreement with the site visit report. The respondents' evidence was stronger, and the appeal lacks merit.
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The High Court dismissed a land appeal over an alleged encroachment on a community road, holding that the road was for public use and not part of the appellant’s plot.
Appellant failed to prove respondents trespassed her land; evidence showed disputed easement belongs to village council, not appellant. Tribunal correctly determined issues based on pleadings and evidence; respondents cannot be held liable as trespassers.
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The parties lawfully settled the dispute regarding land ownership and easement, and the court is bound to record the settlement as judgment and decree.
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The High Court dismissed a land appeal over an alleged right of pathway, holding that the appellant failed to prove the easement and that procedural objections did not alter the result.
The High Court allowed a land appeal, holding the tribunal erred by deciding limitation without hearing the parties and that the dispute concerned only a one-meter foot passage.
The appeal lacks merit as the Tribunal properly considered all grounds, witnesses were not denied opportunity, assessors' opinions were included, no misjoinder occurred, and the suit was not representative; the disputed easement does not belong to the appellant.
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The appeal lacks merit as the District Tribunal considered all relevant grounds, there is no evidence appellant's witnesses were denied a hearing, the requirement for assessors' opinions was met, there was no misjoinder or need to join the Attorney General, and the respondent had standing to file the suit regarding the easement.
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