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The High Court dismissed a land appeal after finding the appellant changed his case from adverse possession to inheritance and failed to prove title on a balance of probabilities.
Plaintiffs failed to prove their claim for TZS 11,250,069,032.62 or any lesser sum due to contradictions, lack of supporting invoices, and claims not rooted in pleadings. Defendants' counterclaim for refund and liquidated damages fails as they ratified plaintiffs' performance and are estopped from claiming for breach they did not treat as fundamental. Force majeure lawfully discharged both parties from future obligations, but plaintiffs did not substantiate entitlement to payment for work done prior to force majeure. Both suit and counterclaim are dismissed; each party to bear its own costs.
Source excerpt
Land appeal allowed: the High Court found the appellant proved earlier ownership, set aside the tribunal’s orders, and declared him lawful owner of the disputed plot.
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