Tanzania Case Law

LAND APPEAL NO

Court

TANZLII

The respondent's evidence was at serious variance with her pleadings, constituting a fundamental irregularity that vitiated the proceedings; thus, the trial tribunal's proceedings, judgment, and decree are quashed and set aside.

Source excerpt

• Variance between pleadings and evidence
• Non-joinder of necessary parties
• Principle of parties bound by pleadings

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daudi mkwaya vs butiama district counci and 2 others 2022 tzhc 15090 13 december 2022

Court

TZHC

The High Court dismissed a land claim after finding the plaintiff had not proved ownership by inheritance or grant and that his evidence conflicted with his pleadings.

• Ownership of land
• Burden of proof
• Adverse possession
• Variance between pleadings and evidence
• Customary right of occupancy
• Land-ownership

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