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Tanzania decisions
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The High Court partly allowed the land appeal, quashed the tribunal’s decision, and ordered a retrial de novo because of interpreter and land-identification defects.
The respondent proved ownership of the disputed land by adducing consistent, cogent, and corroborated evidence tracing title from his late mother, while the appellant failed to prove acquisition by gift inter vivos due to lack of supporting witnesses or documentation. The trial tribunal properly exercised its discretion in declining to visit the locus in quo, as there was no dispute over boundaries or physical features. The appeal lacked merit and was dismissed with costs.
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The appeal lacked merit as the lower courts had jurisdiction, the offence was proved beyond reasonable doubt, and there was no miscarriage of justice or misapprehension of evidence warranting interference by the second appellate court.
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The High Court dismissed a land appeal after finding the appellant failed to prove ownership and trespass, and that the tribunal properly evaluated the evidence.
The High Court dismissed a land appeal over a 50-acre dispute, finding the appellant had not proved ownership of the land on a balance of probabilities.
The High Court upheld dismissal of a land appeal, holding the appellant was estopped by signing a boundary verification form and failed to prove encroachment.
High Court land appeal dismissed. The court held the appellant failed to prove a gift of land, upheld the tribunal’s use of one assessor, and found no need for locus in quo.
The trial tribunal erred in vacating its order to visit the locus in quo without genuine and compelling reasons, given the conflicting evidence on the location and boundaries of the suit land. The proceedings from 08/03/2024 onwards, including the judgment and decree, are nullified, and the matter is remitted for proper procedure.
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The High Court quashed a land tribunal decision for inadequate land description and failure to visit the locus in quo to resolve boundary disputes.
The appeal lacks merit as there were no contradictions in the parties' testimonies to warrant a visit to the locus in quo, the respondent proved ownership of the disputed land on the balance of probabilities, and the issue of land sold to third parties was not raised at trial and cannot be considered on appeal.
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