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Tanzania decisions
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The High Court held the defendants liable for part of the claimed rent arrears, limited the award by limitation and pleadings, and ordered vacant possession for two defendants.
The High Court held that the Registered Trustee of Tanzania Assembly of God proved ownership of the suit land and buildings at Gichameda, and ordered vacant possession. Damages were denied.
The appellant failed to discharge the burden of proof regarding ownership and lease of the disputed land. The respondents, particularly the third respondent, provided heavier and corroborated evidence of ownership. The sale agreement, even if excluded, was supported by witness testimony. The appeal was filed within time. The appeal lacked merit and was dismissed with costs.
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The High Court lacks jurisdiction to grant injunctive relief where an appeal is pending before the Court of Appeal; applicants failed to prove existence of conditions for mareva injunction; no direct cause of action or evidence of irreparable loss by 2nd to 6th applicants against respondents.
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The Memorandum of Understanding (MOU) was a letter of intent and not an enforceable contract, as its terms were never executed or incorporated into a revised lease agreement. The original lease agreement dated 13 June 2012, which provided for rent to be offset against a TZS 95,000,000 loan, remained valid and binding. The defendant was not in arrears, as the rent had already been covered by the loan, and the plaintiff failed to prove his claims on the balance of probabilities.
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Interpleader suit over rent arrears for Plot No. 747/39 in Dar es Salaam. The court held Bay Investment Limited was the rightful recipient under an adjusted decree.
The 1st respondent failed to prove ownership of the disputed land on the balance of probabilities. The evidence and pleadings of the appellant were consistent and credible, showing allocation and possession of the land since 1990. The trial tribunal erred in law and fact by disregarding the appellant's evidence and misapplying the standard of proof. The appellant is declared the lawful owner, and the 1st respondent's claim is dismissed.
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The High Court dismissed an application for a temporary injunction in a land dispute, finding the applicants’ alleged losses were monetary and compensable by damages.
The Tribunal had pecuniary jurisdiction as the pleaded claim was TZS 4,000,000; it had jurisdiction to award damages arising from unlawful eviction as a civil wrong; exhibit P8 was properly admitted when the correct original was produced; construction costs were sufficiently pleaded and covered by general reliefs; exhibit P8 constituted a valid lease agreement; and the Tribunal considered and evaluated the Appellant's evidence. The appeal lacked merit and was dismissed in its entirety.
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The parties reached a consent settlement whereby the plaintiff and first defendant share rental payments already received, agreed to sell the property to the second defendant, and the second defendant pays TZS 200,000,000 to the plaintiff, with the second defendant recognized as lawful owner. The consent settlement is final and conclusive, with each party bearing its own costs.
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