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Tanzania decisions
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The High Court held that an oral sale of land held under a right of occupancy was unenforceable, but ordered refund of TZS 21,744,000 proved to be purchase money.
The High Court held that the dispute arose from a tenancy agreement and was a land matter, so the Primary Court lacked jurisdiction. The lower proceedings were void.
The High Court held that the plaintiffs breached tenancy agreements by sub-leasing market stalls without consent, so the council lawfully terminated the contracts.
The District Land and Housing Tribunal erred in admitting new evidence at the appellate stage without satisfying the legal conditions for doing so. However, even after expunging the irregularly admitted evidence, the appellant failed to prove ownership of the disputed land, as his evidence was inconsistent and insufficient, and the respondent's evidence was weightier.
Source excerpt
High Court appeal over tenancy rents partly allowed: monthly payment was ordered and arrears were held to run from the tribunal judgment date, not from 1 July 2009.
The defendant breached the lease agreement by failing to hand over two rooms as agreed, entitling the plaintiff to general damages. However, the plaintiff failed to strictly prove loss of business as special damages, so that claim is rejected. Interest on general damages is awarded from the date of judgment.
Source excerpt
The High Court dismissed a land appeal, upholding the Tribunal’s award and rejecting additional claims for compensation, furniture, and trespass.
The High Court partly allowed a land appeal, setting aside an arrears order based on an unproven rent increase but upholding eviction after lease expiry.
The Court of Appeal held that a lease signed under a unilateral mistake as to its terms was void, and that a purported lease in perpetuity was invalid.
High Court partly allowed a housing appeal, holding the husband lacked locus standi because the tenancy was in his wife’s name, while noting rent and repair issues.
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