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Tanzania decisions
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The High Court allowed an appeal and ordered refund of Tshs. 3,000,000 paid for a failed house purchase, holding the respondents had received the money and must return it.
Applicant demonstrated existence of triable issues regarding alleged sale agreement and payments, risk of irreparable injury if evicted, and balance of convenience favors maintaining status quo pending determination of main suit.
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The appellant failed to prove his claim for TZS 24,000,000 as he only paid TZS 5,000,000 under the contract and provided no evidence for additional claims. The respondent is liable to refund TZS 5,000,000 to the appellant as per the contract and evidence. The use of the wrong form did not affect the jurisdiction or outcome.
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The plaintiff lawfully purchased the suit property from the 2nd defendant, who had obtained good title from the 1st defendant through a valid sale agreement. The 1st defendant, as administratrix, had capacity to dispose of the property without beneficiaries' consent. The plaintiff is the lawful owner of Plot No. 91 Bahari Beach.
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The previous case was not objection proceedings but challenged the sale of property; therefore, Order XXI Rule 62 CPC does not apply and the appeal is barred by res judicata.
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The High Court of Tanzania set aside DLHT proceedings and a sale over a tort-based dispute, holding the land tribunal lacked jurisdiction and granted extension of time.
The High Court held the purchaser had not fully paid for the land, so ownership was not declared, but the 2nd defendant was ordered to refund USD 45,000.
The house attached, sold, and subject to eviction was occupied by the judgment debtor, his wife, and children, making it non-attachable under Tanzanian law; all execution processes regarding the house were illegal.
Source excerpt
Second land appeal dismissed. The High Court held the buyer failed to verify boundaries before purchase, and found no jurisdictional or procedural defect.
High Court allowed an appeal against refusal of extension of time, finding delay was caused by the court file going missing.
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