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Tanzania decisions
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The High Court dismissed a land appeal as time barred, holding that a suit to recover a deceased person’s land accrued on the date of death in 1979.
The resurvey process was a nullity as the appellant, an interested party, was not involved, and the trial Tribunal erred in relying on its results. The application was not time barred as the cause of action was for recovery of land, not tort.
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The Court of Appeal held the land recovery suit was time-barred, the plaint lacked a pleaded exemption, and the High Court proceedings were nullified.
The appellant's claim was time-barred as the respondent had been in possession of the land since 1998, exceeding the 12-year limitation period for recovery of land. The appellant failed to prove locus standi as administrator of the estate. Procedural irregularities alleged did not vitiate the proceedings. The appeal was dismissed and the decisions of the tribunals below were upheld.
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The High Court dismissed a land appeal, holding the claim for recovery of land was barred by limitation after long, peaceful occupation by the respondent.
The High Court reinstated the Primary Court’s decision awarding the appellant two acres of land, holding that long occupation and unanimous local findings should not be lightly disturbed.
Application for leave to appeal dismissed. The court held there was no sufficiently strong point of law to certify, as the dispute turned on factual findings about land use.
The High Court dismissed an appeal in a land trespass dispute, upholding concurrent factual findings by the lower courts and awarding costs to the respondent.
The High Court lacked jurisdiction to hear the suit as proceedings were wrongly commenced before it; all proceedings and orders are null and void.
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The High Court dismissed a land appeal, holding that the dispute was res judicata and that the respondent was a bona fide purchaser of the shamba.
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