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Tanzania decisions
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The High Court allowed a land appeal, held the respondents had not proved their claims, and confirmed the appellant’s customary right of occupancy.
The High Court allowed a land appeal, finding conflicting evidence on the land’s size and boundaries and remitting the case for a locus in quo visit.
The trial tribunal failed to comply with the required procedures for visiting the locus in quo, and the evidence obtained during the visit was insufficient and improperly admitted, rendering the judgment and subsequent orders invalid.
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The High Court upheld a land tribunal decision finding the respondent’s side had stronger evidence of ownership, including collection of Ngoto fees, and dismissed the appeal with costs.
The trial tribunal committed fatal procedural irregularities during the visitation of locus in quo by failing to ensure the presence of all parties and witnesses, not allowing evidence on oath or cross-examination, and not properly recording observations, thereby vitiating the proceedings and rendering the judgment and decree a nullity.
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The High Court allowed a land appeal and quashed the tribunal judgment after finding the record failed to show what occurred during the locus in quo visit.
The High Court set aside a District Land and Housing Tribunal judgment after finding the tribunal failed to record what happened at a locus in quo visit.
The proceedings and orders of the trial tribunal are a nullity because the appellant lacked locus standi, not having letters of administration, and the tribunal failed to record assessors' opinions and findings from the locus in quo.
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Material noncompliance with principles for visitation of locus in quo constitutes a fatal irregularity that vitiates the proceedings; the trial tribunal's proceedings are nullified and remitted for retrial.
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