Tanzania Case Law

ELINEEMA KITILA MGUTYA VS PETRO MAKALA JUDGMENT

Court

TANZLII

The respondent proved ownership of the disputed land by adducing consistent, cogent, and corroborated evidence tracing title from his late mother, while the appellant failed to prove acquisition by gift inter vivos due to lack of supporting witnesses or documentation. The trial tribunal properly exercised its discretion in declining to visit the locus in quo, as there was no dispute over boundaries or physical features. The appeal lacked merit and was dismissed with costs.

Source excerpt

• Burden of proof
• Ownership of land
• Gift inter vivos
• Locus in quo
• Appellate review

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SAID HALIFA MAHUNGU VERSUS ABUTWALIB HAMAD KIJUU JUDGMENT

Court

TANZLII

The respondent proved ownership of the disputed land as a gift inter vivos from his father through clear, consistent, and corroborated evidence, satisfying the legal requirements for such a transfer. The appellant failed to establish valid title due to a void sale agreement lacking consideration and signatures, contradictory oral evidence, and absence of proof of title from the sellers. The burden of proof was not discharged by the appellant, and the Tribunal's decision in favour of the respondent was correct in law and fact.

Source excerpt

• Gift inter vivos
• Burden of proof
• Validity of sale agreement
• Title to land
• Standard of proof in civil cases

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Juliana Reuben Itungi vs Elfredy Reuben Itungi Draft Judgment

Court

TANZLII

The appellant failed to discharge the burden of proof that the disputed land belonged to the estate of the late Reuben Nkambi Itungi. The evidence established that the 1st respondent acquired the land through a valid gift inter vivos, supported by oral and documentary evidence, and prior unchallenged tribunal decisions. Allegations of forgery were unsubstantiated. The District Land and Housing Tribunal's decision was correct and is upheld.

Source excerpt

• Land ownership
• Gift inter vivos
• Burden of proof
• Forgery allegations
• Estate administration

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SHABANI RASHID NJAMBI VERSUS MALOLO VILLAGE COUNCIL

Court

TANZLII

Appellants failed to prove ownership of disputed land; evidence established they were invitees/licensees, not owners. Respondent's evidence was cogent, consistent, and weightier, proving ownership of the land. Gift inter vivos transfer was not valid as donee was a minor and no supporting evidence. Appeal dismissed as all grounds lacked merit.

Source excerpt

• Trespass
• Burden of proof
• Customary land ownership
• Invitee rights
• Gift inter vivos
• Documentary evidence

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ayubu shaban ally vs zainabu ally sauri and two others 2023 tzhc 22601 10 november 2023

Court

TZHC

The High Court allowed a land appeal after finding the respondents’ evidence on how they acquired the land departed from their pleadings.

• Burden of proof
• Pleadings
• Inheritance
• Gift inter vivos
• Role of assessors
• Land-law

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NHELEKWA

Court

TANZLII

The appellant's Certificate of Title for Plot No. 8 Block K Miyuji North did not expire in 1986, as the evidence showed continued payment of annual land rent and no statutory notice of revocation was issued. The respondents failed to prove ownership by adverse possession or gift inter vivos, and there was no evidence that Dodoma City Council owned the land. The Tribunal erred in its analysis and findings. The appellant is the lawful owner, and the respondents are trespassers.

Source excerpt

• Certificate of title
• Right of occupancy
• Adverse possession
• Customary land rights
• Revocation of title
• Trespass

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JUMANNE NTANDU LISU

Court

TANZLII

Appellant failed to prove ownership of the land due to contradictory evidence regarding land size, lack of documentary proof, and absence of credible witnesses; respondent's evidence of gift inter vivos, corroborated by multiple witnesses including the donor, established lawful ownership; appellant's failure to cross-examine key witnesses further weakened his case.

Source excerpt

• Ownership dispute
• Burden of proof
• Gift inter vivos
• Adverse possession

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nacky esther nyange vs mihayo marijani wilmore another 2022 tzca 739 24 november 2022

Court

TZCA

The appellant failed to prove collusion or fraud in the procurement of the Certificate of Title for the Mbezi property. The property was purchased and registered in the 2nd respondent's name before the marriage and is not matrimonial property. The motor vehicle was validly gifted to the 2nd respondent and registered in her name; no evidence was adduced to prove it was purchased with family funds. The eviction order was justified as the appellant was a trespasser.

Source excerpt

• Ownership of immovable property
• Matrimonial property
• Burden of proof
• Gift inter vivos
• Eviction
• Registration of title

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kaboya pastory henry as administrator of estate of hadija kondo vstharcis alois sambua 2021 tzhclandd 622 12 october 2021

Court

TANZLII

The trial Tribunal failed to provide a clear and proper description of the disputed property, leading to ambiguity and potential unenforceability of its orders. The matter requires additional evidence to confirm the location and description of the property before a final judgment can be rendered.

Source excerpt

• Ownership of property
• Gift inter vivos
• Validity of will
• Description of property
• Burden of proof

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ernest sebastian mbele vs sebastian sebastian mbele others 2021 tzca 168 4 may 2021

Court

TZCA

The Court of Appeal dismissed a land appeal, holding the appellant failed to prove a gift inter vivos or adverse possession over family land.

• Ownership of land
• Gift inter vivos
• Burden of proof
• Adverse possession
• Locus standi
• Family property

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