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Tanzania decisions
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The High Court quashed a land tribunal judgment and sent the case back for a locus in quo visit to resolve uncertainty over boundaries and ownership.
The appeal was allowed because the Respondent's claim was time-barred, having been filed more than twelve years after the cause of action arose, and because the Tribunal erred in granting reliefs affecting land title and survey without joining the Commissioner for Lands and Registrar of Titles as necessary parties.
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The High Court at Kigoma struck out a land suit after finding a defective verification clause and improper joinder of the Commissioner for Lands.
The application for review was dismissed because the Applicant failed to demonstrate discovery of new and decisive evidence not previously available with due diligence, and no error apparent on the face of the record was established. The Applicant's arguments were found to be attempts to re-litigate the merits, which is not permissible under the review jurisdiction.
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Plaintiff's evidence was consistent and credible, supported by witnesses with longstanding knowledge of the land and documentary evidence. Defendant's evidence was contradictory, lacked documentary proof of allocation, and failed to establish lawful acquisition. The land belonged to the plaintiff's deceased father, and defendant was merely a guardian, not owner.
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Plaintiff holds a valid certificate of occupancy and title deed; 1st defendant lacks legal documentation of ownership. No evidence of fraud or unlawful acquisition by plaintiff. Plaintiff is the lawful owner.
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The High Court dismissed an appeal over disputed land, holding that the appellant had encroached beyond his inherited 0.75 acres and that the tribunal's result stood.
The High Court dismissed a land appeal, upholding findings that the respondent proved ownership, the claim was not time-barred, and adverse possession was not established.
Plaintiff is the lawful owner of Plots 37 and 38 and the unsurveyed half-acre; the 2012 survey was not illegal as notice and participation were established; only the 2nd defendant encroached by one foot, not the 1st defendant; plaintiff must surrender old titles to receive new ones for resurveyed plots; compensation for the acquired half-acre must be assessed and paid; general damages are denied due to plaintiff's lack of cooperation.
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The High Court dismissed a land trespass suit after finding the plaintiff failed to prove ownership of 60 acres and documentary evidence showed a settlement.
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