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Tanzania decisions
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The Court of Appeal struck out the land appeal as time barred after finding the appellant could not rely on a certificate of delay without serving the request letter on the respondents.
The respondent was entitled to a refund as he was not party to the pending land case, no injunction existed, and he actively pursued his rights; general damages were excessive and reduced to nominal damages; Section 16 of the Fair Competition Act was misapplied and irrelevant.
Source excerpt
The High Court dismissed a land appeal, holding that the appellant failed to prove lawful acquisition of title and could not displace the respondent’s longstanding occupation.
A licencee or invitee cannot acquire ownership of land by adverse possession or acquiescence, regardless of the length of occupation or developments made, where the original entry and continued occupation are with the owner's permission. The respondent's status as a licencee never changed, and thus he cannot claim ownership of the suit land.
Source excerpt
The High Court held that the defendant acquiesced to the plaintiffs’ construction and occupation of the plot, ordered transfer of title to them, and dismissed the counterclaim.
The High Court dismissed a land appeal by the Free Pentecostal Church’s trustees, upholding the Tribunal’s finding that the respondents owned the disputed land and that no compensable deprivation was proved.
The High Court quashed land tribunal proceedings and ordered a fresh hearing, finding key facts on occupation, acquiescence, and agency had not been resolved.
The High Court for Zanzibar partly allowed a land appeal, holding the plaint should have been struck out for failure to follow government-suing procedure.
The High Court allowed a land appeal, quashing the tribunal’s decision after finding acquiescence was wrongly applied and the suit was not properly abated.
The High Court dismissed a land appeal, upholding the tribunal and finding the respondent had acquired the disputed plot through long, uninterrupted occupation and acquiescence.
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