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Land law Idrisa

Idrisa

The 1st respondent proved ownership of the suit land by credible evidence, and the 2nd respondent had no valid title to pass to the appellant. The trial tribunal was justified in its decision, and the appeal lacked merit. However, the appellant is entitled to improvements made on the land.

  • Ownership of registered land
  • Burden of proof
  • Admissibility of evidence
  • Remedies for improvements on land
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Land law 20240624094751

20240624094751

The evidence established that the suit plot was registered in the appellant's name and not listed as part of the deceased's estate. The Tribunal erred in holding otherwise. Registration confers indefeasible title, and the respondents failed to prove the plot was part of the estate. The appeal is allowed and the Tribunal's decision is set aside.

  • Ownership of registered land
  • Administration of estates
  • Gifts inter vivos
  • Burden of proof
  • Indefeasibility of title
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Land law kellu kamo lucas vs dr luis b shija 2023 tzca 17924 12 december 2023

kellu kamo lucas vs dr luis b shija 2023 tzca 17924 12 december 2023

The Court of Appeal held that the appellant’s registered title to two plots prevailed, reversed the High Court, and declared him the lawful owner.

  • Ownership of registered land
  • Burden of proof
  • Partnership property
  • Evidence requirements
  • Pleadings and issues
  • Land-law
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Land law peter hamisi musa vs verdiana nkwabi macha the administrator of the estates of the late john ambrose macha another 2023 tzhclandd 17212 13 october 2023

peter hamisi musa vs verdiana nkwabi macha the administrator of the estates of the late john ambrose macha another 2023 tzhclandd 17212 13 october 2023

The High Court dismissed a land appeal, holding that the appellant failed to prove a valid purchase of registered land and that spousal consent and statutory approval were required.

  • Ownership of registered land
  • Validity of land disposition
  • Spousal consent in land transactions
  • Administration of estates
  • Counter claim for rent arrears
  • Land-law
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Land law nicholaus mwaipyana vs the registered trustees of little sisters of jesus tanzania 2023 tzca 17578 30 august 2023

nicholaus mwaipyana vs the registered trustees of little sisters of jesus tanzania 2023 tzca 17578 30 august 2023

The respondent's certificate of title is conclusive evidence of ownership, and the appellant failed to rebut this presumption with credible evidence of prior possession or interest. The trial court's award of general damages was set aside due to lack of factual basis and assessment.

  • Ownership of registered land
  • Customary land interests
  • Evidence of title
  • Parole evidence rule
  • Damages
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Land law andrew j m kitenge vs maua hamis rai another 2023 tzhclandd 16501 23 may 2023

andrew j m kitenge vs maua hamis rai another 2023 tzhclandd 16501 23 may 2023

Appellant failed to prove registered ownership of the suit land by not tendering certificate of occupancy or title, and did not call material witnesses from the Commissioner for Lands or Registrar of Titles; therefore, cannot be declared owner.

  • Ownership of registered land
  • Burden of proof
  • Adverse possession
  • Evidence evaluation
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Land law maria chrystom lwekamwa vs placid richard lwekamwa another 2023 tzhclandd 16400 28 february 2023

maria chrystom lwekamwa vs placid richard lwekamwa another 2023 tzhclandd 16400 28 february 2023

The High Court dismissed a land ownership claim, holding that the defendants had a better title to Plot No. 2007, Kawe Beach, and awarded them costs.

  • Ownership of registered land
  • Inheritance of land
  • Rectification of land register
  • Permanent injunction
  • Burden of proof
  • Land-ownership
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Land law joseph alphonce another vs mariamu masanja 2022 tzhc 12042 10 june 2022

joseph alphonce another vs mariamu masanja 2022 tzhc 12042 10 june 2022

The High Court dismissed a land appeal, holding that the registered title remained in the deceased’s name and that no valid transfer was proved.

  • Ownership of registered land
  • Adverse possession
  • Transfer of title
  • Estate administration
  • Registered-land-title
  • Adverse-possession
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Land law cosmas antoni itungulu vs timoth m irunde 2021 tzhc 9538 30 august 2021

cosmas antoni itungulu vs timoth m irunde 2021 tzhc 9538 30 august 2021

The High Court dismissed a land appeal, holding that unstamped sale agreements could not prove title and the respondent’s claim was not time-barred.

  • Ownership of registered land
  • Admissibility of sale agreements
  • Limitation of actions
  • Adverse possession
  • Land-ownership
  • Sale-agreement-admissibility
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Land law john martin ndunguru vs joha abbas tambulu 2020 tzhc 1900 9 july 2020

john martin ndunguru vs joha abbas tambulu 2020 tzhc 1900 9 july 2020

The High Court granted leave to appeal, holding that the affidavit was not fatally defective and that the proposed grounds raised arguable issues of law and fact.

  • Leave to appeal
  • Affidavit requirements
  • Matrimonial property
  • Ownership of registered land
  • Leave-to-appeal
  • Affidavit-requirements
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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.