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Tanzania Case Law

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Land law rashid bakari swalhu vs said bakari swalhu 2023 tzhclandd 17258 5 december 2023

rashid bakari swalhu vs said bakari swalhu 2023 tzhclandd 17258 5 december 2023

Applicant failed to establish a prima facie case as the respondents acted in execution of a Court of Appeal order, and applicant's claim to the whole plot was already determined. No violation of law or procedure found. Compensation claim is not irreparable loss and can be remedied by damages. Application for injunction dismissed as cumulative conditions not met.

  • Mareva injunction
  • Interim relief
  • Revocation of title
  • Execution of decree
  • Compensation
  • Urban planning
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Civil law felix kagisa rugarabamu vs ilemela municipal council 2 others 2023 tzhc 20447 28 august 2023

felix kagisa rugarabamu vs ilemela municipal council 2 others 2023 tzhc 20447 28 august 2023

The High Court granted interim relief to stop demolition of the applicant’s property pending expiry of the 90-day statutory notice, finding the application urgent.

  • Declaratory orders
  • Statutory notice
  • Building permits
  • Land ownership
  • Urban planning
  • Land-ownership
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Land law seif bakari kisinga vs abdulrahman ally hamis another 2022 tzhclandd 426 31 may 2022

seif bakari kisinga vs abdulrahman ally hamis another 2022 tzhclandd 426 31 may 2022

The plaintiff failed to prove ownership of the suit property as required by law, lacking a valid Letter of Offer or Certificate of Title. The 1st defendant holds a valid Certificate of Title for Plot 211, and the suit property (Plot 219) was not shown to exist in official records. Payment of land rent and property taxes does not establish ownership. Consequently, the plaintiff is not entitled to compensation or damages, and the demolition was lawful.

  • Ownership of land
  • Trespass
  • Compensation for demolition
  • Burden of proof
  • Land registration
  • Urban planning
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Land law BENJAMIN MAKALA

BENJAMIN MAKALA

The appellant was the original customary owner, but failed to apply for right of occupancy after urban planning and surveying. The 1st respondent lawfully acquired the plot through official procedures. Customary ownership is extinguished upon urban planning, and compensation is discretionary. The trial tribunal's decision is upheld as the appellant's claim lacks merit.

  • Customary ownership
  • Urban planning
  • Compensation for land
  • Procedures for locus in quo
  • Burden of proof
  • Admissibility of evidence
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Land law 19861030 TZCA Dar es Salaam2

19861030 TZCA Dar es Salaam2

The Court of Appeal held the appellant acquired no title to the disputed land and reduced damages to a nominal sum of Shs. 5,000, while affirming demolition orders.

  • Right of occupancy
  • Customary land rights
  • Land registration
  • Urban planning
  • Village land act
  • Land disposition
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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.