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Tanzania Case Law

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Land law 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

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 law LAND APPEAL NO

LAND APPEAL NO

Court
TANZLII

The suit was not time barred as the cause of action was pleaded to have arisen in 2016. The evidence was properly evaluated and the probability did not balance in favour of the appellant, who failed to prove inheritance and ownership over the respondent's claim.

Source excerpt

  • Adverse possession
  • Limitation of actions
  • Evidence evaluation
  • Ownership determination
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Land law SAVIN SAFII

SAVIN SAFII

Court
TANZLII

The trial tribunal failed to follow the mandatory procedure for locus in quo, resulting in an inability to properly assess the evidence and determine ownership. The appellate court cannot validate the trial tribunal's findings due to procedural irregularity, warranting nullification of proceedings from the locus in quo visit onwards and a fresh hearing.

Source excerpt

  • Procedure for locus in quo
  • Ownership determination
  • Evidence assessment
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Land law creovad kauzeni vs richard simsokwe 2023 tzhc 22831 21 november 2023

creovad kauzeni vs richard simsokwe 2023 tzhc 22831 21 november 2023

Court
TZHC

The appellant's long and undisturbed possession of the disputed land since 1985, without interference, confers ownership; the lower tribunals failed to properly analyze evidence and provide reasons, rendering their judgments unsustainable.

Source excerpt

  • Adverse possession
  • Long occupation
  • Ownership determination
  • Appellate review
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Property law wilmar tanzania limited vs dipsi conpro limited 2023 tzhclandd 16966 29 september 2023

wilmar tanzania limited vs dipsi conpro limited 2023 tzhclandd 16966 29 september 2023

Court
TANZLII

The High Court declared Wilmar Tanzania Limited the lawful owner of disputed land after finding it paid the full purchase price and the defendant failed to transfer title or deliver possession.

  • Transfer of land
  • Breach of contract
  • Ownership determination
  • Transfer-of-land
  • Breach-of-contract
  • Ownership-determination
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Land law deusdedit itendele chanila vs african petroleum co ltd 2 others 2023 tzhclandd 15745 31 march 2023

deusdedit itendele chanila vs african petroleum co ltd 2 others 2023 tzhclandd 15745 31 march 2023

Court
TANZLII

Plaintiff acquired the plot and was issued the certificate of title before the 1st defendant; the survey plan for the 1st defendant's plot was canceled, rendering it non-existent. Plaintiff's title is valid and superior.

Source excerpt

  • Double allocation
  • Title validity
  • Ownership determination
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Land law Kiza Shabani v Sanga Shabani Land Appeal No

Kiza Shabani v Sanga Shabani Land Appeal No

Court
TANZLII

The trial tribunal's decision was based on a sale agreement not tendered or admitted in evidence, resulting in a miscarriage of justice. The appellant proved ownership by inheritance, supported by the second respondent.

Source excerpt

  • Evidence admissibility
  • Ownership determination
  • Inheritance
  • Failure of justice
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Civil procedure Ruling Miscellaneous Land Application No

Ruling Miscellaneous Land Application No

Court
TANZLII

The applicant demonstrated sufficient cause for extension of time based on two illegalities apparent on the face of the record: the matter being res sub judice and the failure of the Court to declare the lawful owner of the suit land. Although the applicant failed to account for 126 days of delay, the presence of these illegalities warrants the grant of extension of time to file notice of appeal.

Source excerpt

  • Extension of time
  • Illegality as ground for extension
  • Res judicata / res sub judice
  • Right to be heard
  • Role of assessors in tribunal
  • Ownership determination
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Civil procedure osingo construction co limited vs aloyce john mwasuka 2022 tzhclandd 12702 15 december 2022

osingo construction co limited vs aloyce john mwasuka 2022 tzhclandd 12702 15 december 2022

Court
TANZLII

The High Court struck out a land suit as res sub judice because a pending tribunal matter between the same parties involved substantially the same trespass issue.

  • Res subjudice
  • Trespass
  • Ownership determination
  • Res-sub-judice
  • Preliminary-objection
  • Land-trespass
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.