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Tanzania decisions
Decisions matching the current search
The High Court quashed a land tribunal appeal record for failing to properly substitute a deceased respondent with his administrator, ordering a retrial.
The High Court allowed a land appeal, quashed the tribunal’s decision for unclear assessor involvement, and remitted the matter for retrial before a new chairperson and assessors.
The District Court properly exercised its discretion to grant extension of time based on proven sickness and the manifest illegality regarding the Primary Court's lack of jurisdiction over land matters. Both grounds constituted good cause for extension under the law.
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The application was misconceived and misleading as the order in Probate Appeal No. 06 of 2022 did not nullify the respondent's appointment but remitted the matter for hearing before another magistrate; applicant failed to disclose the outcome of that hearing, thus no basis to revise the Tribunal's decision.
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The preliminary objection on both lack of jurisdiction and lack of locus standi is overruled as the application concerns removal of a caveat and there is insufficient evidence that the first respondent is still administrator of the estate. The applicant is entitled to sue any person who has interfered with his rights.
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The appellant, though now suing as administrator, was privy to the former case and had an interest in the subject matter; thus, the doctrine of res judicata constructively applies. The DLHT was justified in sustaining the preliminary objection and ordering amendment of the application regarding the 2nd respondent.
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The appellant failed to discharge the burden of proof as he did not call the seller or neighbours as material witnesses to establish ownership and boundaries of the disputed land. The trial tribunal properly evaluated the evidence and was not required to visit locus in quo. The 1st respondent's prior sale agreement and evidence were sufficient to uphold the tribunal's decision.
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The appeal was struck out due to failure to sue the respondent in his correct capacity as administrator of the estate of late Bahati Gomba, as required by law and procedure.
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The Court of Appeal of Tanzania allowed an application to join Jonas Samson Ndawavya as legal representative of the deceased respondent in a review application.
The High Court allowed a land appeal, holding the ward tribunal lacked jurisdiction after a 2021 amendment and quashing the lower tribunals’ decisions.
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