Tanzania Case Law

dismas kanyemela vs karolius misungwi an administrator of the estate of the late constantine misungwi 6 others 2024 tzhc 873 18 march 2024

Court

TZHC

The appeal failed because the record showed the required certificate from the Ward Tribunal was both pleaded and attached to the application at DLHT, and the appellant admitted this in his defence. The appellant failed to prove otherwise, and the jurisdictional requirement was satisfied.

Source excerpt

• Jurisdiction of land tribunals
• Requirement of ward tribunal certificate
• Burden of proof
• Pleadings and admissions

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LAND APPEAL NO 10210 OF 2024 scanned

Court

TANZLII

The District Land and Housing Tribunal lacked jurisdiction as the dispute was contractual in nature, not a land ownership matter, rendering its proceedings and decision null and void.

Source excerpt

• Jurisdiction of land tribunals
• Contractual disputes
• Land sale agreements

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Land Appeal No

Court

TANZLII

The Tribunal correctly found that the Respondent owned the business booths by virtue of construction and rental arrangement with the Appellant, and the dispute was over a rental contract, not land ownership, thus within the Tribunal's jurisdiction. The Appellant failed to provide credible evidence or call material witnesses to support her claims. All grounds of appeal lacked merit.

Source excerpt

• Ownership of business premises
• Privity of contract
• Jurisdiction of land tribunals
• Burden of proof
• Evaluation of evidence

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Banne

Court

TANZLII

The Trial Tribunal lacked jurisdiction as the dispute was contractual, not a land matter; its proceedings and decision are null and void.

Source excerpt

• Jurisdiction of land tribunals
• Contractual disputes
• Nullity of proceedings

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john godson kiondo va alice godson kiondo and 10 others 2023 tzhc 23083 29 november 2023

Court

TZHC

Once the estate of the deceased is distributed by administrators and the probate cause is closed without challenge, beneficiaries receive full ownership rights and may lawfully transfer or sell the land; the District Land and Housing Tribunal cannot revisit the validity of a will not recognized by the probate court.

Source excerpt

• Beneficiaries' rights
• Validity of oral wills
• Jurisdiction of land tribunals
• Distribution of estate
• Bona fide purchaser

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Asia Juma Kiemi Draft Judgment

Court

TANZLII

The District Land and Housing Tribunal lacked jurisdiction to determine the dispute as it required determination of marital status and whether the property was matrimonial, matters reserved for matrimonial courts under the Law of Marriage Act. The appeal was dismissed for lack of merit.

Source excerpt

• Jurisdiction of land tribunals
• Matrimonial property
• Preliminary objection
• Status of marriage
• Sale of matrimonial home

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Judgment Niganile Kapologwe vs Mapinduzi Mapunda Others Land Appeal No

Court

TANZLII

The appellant's consent was not required for the mortgage as she was not the spouse living in the matrimonial home at the time of the mortgage; the legal spouse (second respondent) gave valid consent. The DLHT did not err in law or fact, and the absence of assessors did not invalidate the proceedings as parties were informed and did not object. Issues of contribution and division of matrimonial property are outside the jurisdiction of the DLHT and must be pursued in the appropriate matrimonial court.

Source excerpt

• Mortgage of matrimonial property
• Spousal consent
• Contribution to property
• Jurisdiction of land tribunals
• Role of assessors

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sangira okeyo makori vs erasto sogha 2022 tzhc 15088 13 december 2022

Court

TZHC

Neither party established legal entitlement to the land through probate or administration of the deceased's estate; thus, neither had standing to institute or defend the case, rendering the proceedings and decisions of the lower tribunals a nullity.

Source excerpt

• Inheritance of land
• Probate and administration
• Jurisdiction of land tribunals
• Nullity of proceedings

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joshua joyboy mungereza another vs sophia mohamed farahani 2022 tzhclandd 771 26 july 2022

Court

TANZLII

The High Court Land Division held the plaintiffs failed to prove lawful joint ownership of the plots. It cancelled the titles and left property division to a civil court.

• Ownership of land
• Certificates of title
• Fraudulent acquisition of title
• Concubinage and property rights
• Division of property
• Adverse possession

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Sinzo Kushoka Ruling

Court

TANZLII

The appeal is incompetent because execution orders from the District Land and Housing Tribunal are not appealable to the High Court under section 74 of the Civil Procedure Code and Order XL, and the relevant provisions of the Land Disputes Courts Act and its Regulations do not provide for such appeals.

Source excerpt

• Appeals against execution orders
• Jurisdiction of land tribunals
• Application of civil procedure code in land matters

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