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Tanzania Case Law

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Land law EZEKIEL KIMOLO

EZEKIEL KIMOLO

The appeal was dismissed because the trial tribunal properly evaluated the evidence, the Village Land Act was not contravened as the land was not village land at the time of sale, and procedural omissions did not prejudice the appellants. The respondents' evidence of ownership was stronger and the appellants failed to prove their acquisition of the suit land.

  • Ownership of village land
  • Sale of land
  • Procedural irregularities
  • Evaluation of evidence
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Land law alistides

alistides

The appellants failed to prove ownership of the suit land or that the sale was unlawful; the evidence presented was insufficient and unreliable, particularly regarding the alleged allocation on their behalf. The sale, though lacking formal village council approval, was not rendered unlawful in the circumstances, as the land was developed and no challenge was raised by the village authorities since 2010. The 2nd respondent is the lawful owner.

  • Ownership of village land
  • Sale of matrimonial property
  • Requirement of village council approval
  • Burden of proof in civil cases
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Land law Hezekiah Ndahani Chibulunje vs Shabani Matandila

Hezekiah Ndahani Chibulunje vs Shabani Matandila

The appellant failed to prove, on the balance of probabilities, that the allocation of the suit land was approved by the village assembly as required by section 8(5) of the Village Land Act. The evidence presented by the appellant was contradictory and lacked documentary proof of approval. The respondent's evidence was found to be more credible and consistent. There was no basis for admitting additional evidence on appeal.

  • Ownership of village land
  • Standard of proof in civil cases
  • Allocation of village land
  • Competence of witnesses
  • Additional evidence on appeal
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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.