Tanzania Case Law

SEMBO WILLIAM SHIJA

Court

TANZLII

The trial tribunal failed to adhere to the established procedure for visiting the locus in quo, rendering the proceedings from the date of the visit to the date of judgment a nullity. The appropriate remedy is to nullify those proceedings, set aside the judgment and decree, and remit the matter for retrial before another chairman and assessors, with the option to visit the locus in quo in accordance with the law.

Source excerpt

• Locus in quo procedure
• Nullification of proceedings
• Remittal for retrial

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JUDGMENT Dominicus Mselewa vs Salum Milanzi

Court

TANZLII

Appellant failed to prove the disputed land was located in Mlilayoyo Village and that his customary right of occupancy matched the land in question; evidence and locus in quo established the land was in Mageuzi Village and belonged to respondent; burden of proof not discharged by appellant.

Source excerpt

• Customary right of occupancy
• Burden of proof
• Locus in quo procedure
• Ownership dispute

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IKUNGI DISTRICT COUNCIL Vs

Court

TANZLII

Inclusion of a deceased party after abatement and failure to follow mandatory procedures during locus in quo rendered the trial proceedings, judgment, and orders a nullity, making the appeal incompetent.

Source excerpt

• Abatement of suit
• Locus in quo procedure
• Nullity of proceedings
• Proper parties to suit

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final Judgment SANTE GEORGE MSAKI tanzliiiii

Court

TANZLII

The trial tribunal failed to comply with mandatory procedural requirements during the locus in quo visit, resulting in a procedural irregularity that vitiated the trial and occasioned a miscarriage of justice, necessitating nullification of the proceedings and judgment related to the locus in quo.

Source excerpt

• Locus in quo procedure
• Customary inheritance
• Fair trial
• Procedural irregularity

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STELLA MAJIGE Vs

Court

TANZLII

The Tribunal's proceedings were vitiated by procedural irregularities in the admission of documentary evidence and the conduct of the locus in quo, both of which violated mandatory legal requirements and the right to be heard. As these irregularities go to the root of the matter, the entire proceedings and judgment must be quashed and the matter retried before a competent chairman.

Source excerpt

• Admission of evidence
• Locus in quo procedure
• Natural justice
• Retrial
• Ownership of land

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JUDGMENT MUTABUZI MUTABUZI VS

Court

TANZLII

The trial tribunal's failure to observe mandatory procedures during the locus in quo visit, including improper constitution and lack of adherence to guidelines, vitiated the proceedings and judgment, necessitating a retrial.

Source excerpt

• Locus in quo procedure
• Tribunal composition
• Retrial
• Procedural irregularity

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Chausiku 0001

Court

TANZLII

The Tribunal failed to follow the required procedure during the locus in quo visit, including not recording who testified, not allowing examination or clarification, and not reading out notes to the parties. This procedural irregularity rendered the proceedings defective, warranting the quashing and setting aside of the Tribunal's judgment and decree, and remitting the matter for proper procedure to be followed.

Source excerpt

• Boundary disputes
• Locus in quo procedure
• Role of assessors in tribunals
• Appeal procedure

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wemaeli juma mlay vs anderson kimath and 2 others 2024 tzhc 651 4 march 2024

Court

TZHC

The High Court allowed a land appeal, finding the tribunal failed to follow locus in quo procedure and denied a proper right of cross-examination, so the case was sent for retrial.

• Locus in quo procedure
• Right to cross-examination
• Recording of assessors' opinions
• Appeal timelines
• Locus-in-quo-procedure
• Cross-examination

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elizabeth jackson biswaro as the administratrix of the estate of the late jackson mwenda biswaro vs godlove hosea nombo 2024 tzhclandd 64 29 february 2024

Court

TANZLII

The trial Tribunal failed to comply with mandatory procedures during the locus in quo visit, specifically not reassembling in court and reading notes to parties, which occasioned injustice and vitiated its decision. The omission was procedural and not caused by the parties.

Source excerpt

• Necessary parties
• Locus in quo procedure
• Survey disputes
• Ownership determination

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Land Appeal No

Court

TANZLII

The trial Tribunal's proceedings and judgment are vitiated by failure to properly record and analyze the findings from the visit to the locus in quo, particularly regarding boundaries and size of the disputed land. The contradictions in sale agreements and unclear observations at the locus in quo prevent a just determination of ownership and trespass. The appellate court nullifies the proceedings from the date of the locus visit, sets aside the judgment and decree, and orders a proper revisit and new judgment.

Source excerpt

• Ownership dispute
• Trespass
• Sale agreements
• Locus in quo procedure
• Evidentiary analysis

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