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Tanzania decisions
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The respondent adduced heavier and more credible evidence than the appellant, proving ownership of the disputed land, and the appellant was merely an invitee. The respondent's locus standi was established as the land was given to him before his father's death, so it was not part of the deceased's estate.
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Respondent established ownership by clearing virgin land in 1968, supported by credible witnesses; appellants failed to prove valid purchase or title, lacked documentary evidence, and could not transfer ownership; receipts and oral evidence insufficient; invitee cannot acquire superior title; minor contradictions in respondent's evidence immaterial; appeal dismissed as lacking merit.
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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.
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The appellant, as an invitee, cannot acquire ownership of the disputed land through long-term use or improvements; ownership remains with the respondent as per the law and the evidence presented.
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The tribunal chairman erred by discounting Pw-2's testimony solely due to familial relation without evidence of vested interest, and failed to properly evaluate evidence establishing appellant's ownership; respondent as invitee cannot exclude host regardless of occupation length.
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Only the second ground of appeal has merit; the trial tribunal failed to fully resolve the dispute and both parties should continue using the portions of land they possessed before the dispute arose; matter remitted for fresh trial.
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The High Court dismissed a land appeal, upholding the tribunal’s finding that the respondent was the rightful owner and that the appellant, as an invitee, could not gain ownership by occupation.
The respondent's father was the rightful owner of the suit land, having lent it to Pius Mlimwa as an invitee; the law of limitation and abandonment did not apply as the land was never dispossessed or abandoned, and invitees cannot acquire ownership to the exclusion of the host.
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A licencee or invitee cannot acquire ownership of land by adverse possession or acquiescence, regardless of the length of occupation or developments made, where the original entry and continued occupation are with the owner's permission. The respondent's status as a licencee never changed, and thus he cannot claim ownership of the suit land.
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Appellants failed to prove ownership; respondent's locus standi as administrator was established; invitee status does not confer ownership regardless of duration or improvements; lease to Airtel Tanzania Ltd was null and void.
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