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Tanzania decisions
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The sale of matrimonial land without the appellant's spousal consent and without corroborating evidence from witnesses is legally unestablished and a nullity; the respondent cannot claim valid ownership over the disputed land.
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Plaintiff failed to prove lawful acquisition of title to the suit land; registration alone does not confer ownership without evidence of valid transfer. Defendants established that the land was vested to BAKWATA by Government Notice No. 169/1969 and plaintiff's predecessor lacked legal capacity to own or transfer property.
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The High Court held that Honests Marandu had acquired Plot No. 896 in 1999, found later title registration by Farida Rashid ineffective, and awarded damages for trespass.
The Court of Appeal held that an auction purchaser could not acquire more title than the judgment debtor owned, and dismissed the appeal with costs.
Appeal dismissed in a land dispute over a house and plot in Songea. The High Court held the administrator could not validly sell registered property before registering it in his own name.
Appellant was the first to be granted the right of occupancy over the disputed land in 1982, evidenced by official documents. The trial tribunal failed to properly evaluate the evidence and legal principles, leading to an erroneous decision. The appellant proved ownership on balance of probability.
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Ownership of registered land is determined by the certificate of title; the respondent failed to prove existence of a valid and enforceable sale agreement due to lack of statutory compliance and capacity of signatories. The trial Tribunal erred in declaring the respondent as owner contrary to established legal principles.
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The High Court Land Division held that the 1st defendant, as registered owner, lawfully sold the suit property to the 2nd defendant and dismissed the plaintiff’s claims.
The appellant failed to prove collusion or fraud in the procurement of the Certificate of Title for the Mbezi property. The property was purchased and registered in the 2nd respondent's name before the marriage and is not matrimonial property. The motor vehicle was validly gifted to the 2nd respondent and registered in her name; no evidence was adduced to prove it was purchased with family funds. The eviction order was justified as the appellant was a trespasser.
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The appellant cannot be registered as owner of the suit property because it is not listed as belonging to the deceased; the property is lawfully registered to Hanna Kasambala and her children, and the Registrar acted correctly in refusing registration.
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