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Tanzania decisions
Decisions matching the current search
The High Court struck out a land suit after finding the plaintiff had no locus standi to sue personally over property vested in a registered trustee.
The High Court’s Land Division upheld a preliminary objection on non-joinder of necessary parties, ordering Bagamoyo District Council and the Registrar of Titles joined.
The High Court Land Division dismissed an application to join the applicant as a necessary party in a land case, finding his presence was not required.
Section 17(2) of the Trustees Incorporation Act does not oust the District Court's jurisdiction; the dispute is not strictly religious and the parties' relationship to BAKWATA was not pleaded, so the trial court erred in requiring exhaustion of BAKWATA's internal mechanisms.
Source excerpt
The High Court Land Division held that Masjid Kinyerezi was lawfully allocated Plot No. 1288 Block B, and dismissed the plaintiff church’s fraud-based claim.
The Court of Appeal set aside a High Court judgment after finding the trial court decided an unframed issue without hearing the parties on the appellant’s legal status.
The High Court upheld a preliminary objection, holding the defendant was a non-existent and wrong party under the Trustees Incorporation Act and striking out the suit.
The High Court dismissed a land-jurisdiction appeal, holding the Primary Court properly heard the matter because the later land-tribunal regime had not yet taken effect.
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