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Land law Land Revision No

Land Revision No

The applicant's complaints regarding demolition and the creation of an alternative road have already been determined and dismissed in previous appeals. The supplementary order did not alter the original decree but clarified execution in light of obstacles. The court is functus officio and cannot revisit the same issues. The supplementary order is proper and justified.

  • Execution of judgments
  • Right of way
  • Demolition orders
  • Functus officio
  • Appeals and revisions
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Land law stewart m kiwiastewart michael kiwia versus adela muhiba rugenza another 2023 tzhclandd 17300 31 october 2023

stewart m kiwiastewart michael kiwia versus adela muhiba rugenza another 2023 tzhclandd 17300 31 october 2023

The appellant failed to prove his claims regarding easement and improper evaluation of evidence. The tribunal properly evaluated all evidence, followed procedures for locus in quo, and the appellant is estopped from denying agreement with the site visit report. The respondents' evidence was stronger, and the appeal lacks merit.

  • Easement
  • Right of way
  • Evaluation of evidence
  • Locus in quo
  • Law of limitation
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Land law stephen baruti vs innocent mutahyabarwa 2022 tzhc 11839 31 march 2022

stephen baruti vs innocent mutahyabarwa 2022 tzhc 11839 31 march 2022

The proceedings, judgment, and orders of the District Land and Housing Tribunal were vitiated by gross procedural irregularities, including failure to follow mandatory procedures during the visit to locus in quo, improper change of chairpersons without reasons, commencement of hearing without assessors, and reliance on matters outside the pleadings and evidence. These irregularities occasioned a miscarriage of justice and rendered the proceedings a nullity.

  • Right of way
  • Ownership of land
  • Procedural irregularities
  • Tribunal composition
  • Locus in quo procedures
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Land law haji juma ambari vs adam juma ambari 2022 tzhclandd 31 18 january 2022

haji juma ambari vs adam juma ambari 2022 tzhclandd 31 18 january 2022

The parties agreed to subdivide the inherited plot and create a pathway as per the agreement; the memorandum of understanding was valid and signed by both parties; the tribunal properly framed and resolved the issues; the appellant's claims are unsubstantiated and the appeal lacks merit.

  • Inheritance
  • Will interpretation
  • Right of way
  • Partition of property
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Land law haji juma ambari vs adam juma ambari 2022 tzhclandd 15 18 january 2022

haji juma ambari vs adam juma ambari 2022 tzhclandd 15 18 january 2022

The parties agreed to subdivide the inherited plot and create a pathway as per the agreement; the Will did not prohibit such subdivision; the appellant consented to the agreement and subdivision; the tribunal properly framed and resolved the issues; no merit in the appeal.

  • Inheritance
  • Will interpretation
  • Right of way
  • Partition of property
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Land law abbas abdallah ishabailu 2021 tzhclandd 525 30 september 2021

abbas abdallah ishabailu 2021 tzhclandd 525 30 september 2021

The appeal lacks merit as the Tribunal properly considered all grounds, witnesses were not denied opportunity, assessors' opinions were included, no misjoinder occurred, and the suit was not representative; the disputed easement does not belong to the appellant.

  • Easement
  • Right of way
  • Jurisdiction
  • Procedural fairness
  • Joinder of parties
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Land law abbas abbdallah ishabailu vsfarida fungo 2021 tzhclandd 664 30 september 2021

abbas abbdallah ishabailu vsfarida fungo 2021 tzhclandd 664 30 september 2021

The appeal lacks merit as the District Tribunal considered all relevant grounds, there is no evidence appellant's witnesses were denied a hearing, the requirement for assessors' opinions was met, there was no misjoinder or need to join the Attorney General, and the respondent had standing to file the suit regarding the easement.

  • Easement
  • Right of way
  • Procedure in land tribunals
  • Joinder of parties
  • Jurisdiction of ward tribunals
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Property law alex senkoro others vs eliambuya lyimo 2021 tzca 104 13 april 2021

alex senkoro others vs eliambuya lyimo 2021 tzca 104 13 april 2021

The Court of Appeal dismissed a land appeal on right of way, holding the appellants failed to prove a granted or prescriptive easement and had not properly pleaded fraud.

  • Easement
  • Right of way
  • Prescription
  • Adverse possession
  • Pleading fraud
  • Limitation of actions
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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.