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Tanzania decisions
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The proceedings and judgment of the trial tribunal are vitiated due to non-joinder of Sukuro village, a necessary party, as both parties' claims depend on village land allocation; thus, a fair and conclusive determination is impossible without the village's participation.
Source excerpt
The High Court held the DLHT lacked jurisdiction over a boundary and ownership dispute between two village councils and quashed the tribunal decision.
The High Court struck out a land suit after holding that a dispute arising from village council allocation had to be referred first to the Village Land Council.
The High Court dismissed a land appeal over a disputed 18.5-acre village plot, holding that both sides had been lawfully allocated land but the appellant failed to prove the exact location.
The appellate court found that the respondent had established ownership of the disputed land through inheritance and long-term possession, while the appellant and his witnesses failed to provide credible evidence that the land belonged to the village. The appellant's conduct as village chairman was suspicious and unsupported by documentary or corroborative evidence. The district court's decision in favor of the respondent was correct and is affirmed.
Source excerpt
The High Court vacated lower-court proceedings, holding the respondent had been sued in the wrong capacity because he was not a village leader at the relevant time.
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