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Tanzania decisions
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The High Court entered a consent judgment adopting a settlement between the parties and marking the land suit settled, with each side bearing its own costs.
Ex parte land judgment declaring the plaintiff lawful owner, cancelling the second defendant’s title, and granting a permanent injunction, with damages refused.
The plaintiff proved on a balance of probabilities that the late Kihiga Ramadhan Fundikira lawfully purchased and possessed the disputed land, while the defendants failed to prove their claim of ownership or lawful acquisition. The plaintiff is declared the lawful owner, and the defendants are trespassers. Any use of the land by defendants for public interest requires fair and adequate compensation to the plaintiff.
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Plaintiff's registered trademark was infringed by Defendant's distribution of confusingly similar counterfeit goods, causing market confusion and reputational harm. Defendant's failure to contest the claim resulted in admission of facts, justifying default judgment and reliefs sought.
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The High Court held that the plaintiffs’ guarantee agreements expired in 2019, ordered release of their titles, and upheld the bank’s counterclaim against TANCHI only.
Failure to join Temeke Municipal Council, a necessary party, rendered the proceedings and judgment of the trial Tribunal incompetent as no effective decree could be passed in its absence. The matter should have been struck out to allow proper constitution of parties.
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The appellant proved ownership of the suit land by demonstrating allocation and continuous use since 1989, supported by credible witnesses and documentary evidence. The respondent failed to establish transfer of ownership from his late father or possession of the suit land. The trial Tribunal erred in its evaluation of evidence and in finding for the respondent. The appellant is entitled to declaration of ownership and a permanent injunction.
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The High Court’s Land Division held that the plaintiff proved ownership of the disputed Mbezi Beach property under the sale agreement and granted an injunction. The 1st defendant’s counterclaim failed.
Despite defects in the written contract, the evidence established on a balance of probabilities that the Plaintiff and 2nd Defendant entered into an agreement for sale of 7 acres, the Plaintiff paid the full purchase price and transfer fees, took possession, and developed the land with the Defendants' knowledge and without objection. The Plaintiff is thus the lawful owner of the 7 acres and entitled to transfer of title, injunction, damages, and costs.
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Plaintiff is the lawful owner of Plot No. 322 Block J, not Plot No. 117 Block Z; title deed error caused by survey authorities does not deprive plaintiff of her land. No subdivision occurred as survey was incomplete. Plaintiff entitled to declaration of ownership, removal of beacon, and permanent injunction against 3rd defendant.
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