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High Court land appeal dismissed. The court held the appellant failed to prove a gift of land, upheld the tribunal’s use of one assessor, and found no need for locus in quo.
The appellant proved on the balance of probabilities, through documentary evidence (Exhibit P2) and corroborating witness testimony, that the disputed land formed part of the estate of the late Leonard Twisa Mwakikosa. The respondent failed to provide documentary proof of a gift, and her evidence was inconsistent with the documentary record. The trial tribunal erred in its evaluation of the evidence and in considering extraneous matters. The appeal is allowed and the appellant is declared the rightful owner of the disputed land.
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The appellant failed to prove lawful ownership of the suit land as her evidence was inconsistent with her pleadings and did not establish the chain of title from the original owner. The tribunal properly admitted one sale agreement under the applicable regulations, but the second was expunged for non-compliance. The burden of proof remained on the appellant, who did not discharge it. The alternative grounds regarding locus standi and identity of sellers were not pleaded and thus dismissed.
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The appeal was dismissed because the respondent's description of the suit land was found satisfactory, both parties were knowledgeable about the land, and the appellant failed to cross-examine the respondent on material facts, amounting to acceptance of the respondent's testimony that only one acre was given temporarily. There was no credible evidence that the appellant was given the entire land permanently.
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The 1st respondent had no documentary evidence of title transfer from the appellant, and thus had no good title to pass to the 2nd respondent; both the initial and subsequent transfers were nullities, and title remained with the appellant.
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The High Court dismissed a land appeal, holding the appellant failed to prove ownership and did not tender the original allocation agreement as evidence.
The High Court dismissed an application for leave to appeal and a certificate on points of law, holding the proposed issues were not fit for the Court of Appeal.
The appellant's claim is barred by limitation, as more than 12 years elapsed without action after the respondent took possession. The trial tribunal erred in applying adverse possession since the respondent's possession was by gift, not adverse. However, the respondent's long, undisturbed possession and the appellant's delay preclude recovery.
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The High Court upheld the respondent’s ownership of Plot No. 199 in Morogoro, holding that an alleged oral gift of land was invalid and the appeal failed.
The High Court allowed a second land appeal, quashing tribunal decisions over a dispute about gifted land, waste-water passage, and serious procedural defects.
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