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Tanzania decisions
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The High Court struck out a preliminary objection that the Registrar of Titles was a necessary party, holding it was improperly raised and would surprise the plaintiff.
The appellant failed to prove he acquired good title to the disputed land because his seller, Joseph Mbise, had no legal title to transfer, and the transfer documents were forged and invalid. The burden of proof remained on the appellant, and the trial tribunal correctly found he was not the lawful owner.
Source excerpt
The High Court’s Land Division entered a consent judgment adopting the parties’ settlement on a land sale dispute, setting payment terms and title deed custody.
The High Court ordered discovery and production of land-transfer documents, finding the respondents’ explanations about possession and handover were contradictory.
Ownership of registered land cannot be transferred orally; absence of written transfer renders any purported disposition ineffectual. The trial tribunal misapprehended the evidence and law, and the respondent cannot be declared lawful owner without documentary proof of transfer.
Source excerpt
The High Court held that the appellant’s long, undisturbed possession of disputed land was protected by limitation, set aside the district court, and restored the primary court's decision.
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