Tanzania Case Law

20082026 TZHC Dar es Salaam

Court

TZHC

The Ward Tribunal of Kibamba had jurisdiction to determine the dispute as it was a minor land dispute arising from a licence to cultivate, not a complex matter involving a grant of right of occupancy. The limitation period began in 1996/1997 when adverse possession arose, not from the original grant in 1982, so the claim was not time barred. The appellant should have appealed the Ward Tribunal's decision rather than filing a fresh case in the Primary Court. The District Court was correct in nullifying the Primary Court proceedings and upholding the Ward Tribunal's decision.

Source excerpt

• Jurisdiction of ward tribunals
• Limitation period for land claims
• Adverse possession
• Appeals procedure

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BOMBOO

Court

TANZLII

The respondent lawfully acquired ownership of the suit land through purchase from the appellant's mother and brother, supported by credible evidence and witnesses. The sale agreement, despite minor inconsistencies, was valid. The suit was not time barred as the basis for possession was purchase, not adverse possession. The appellant failed to act for an extended period, indicating knowledge and acquiescence.

Source excerpt

• Adverse possession
• Sale agreement validity
• Limitation period
• Ownership dispute

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PASCAL MBEGEZE scanned

Court

TANZLII

The appeal is dismissed because the Tribunal's judgment, though unconventional in structure, complied with legal requirements; the appellants failed to plead and prove essential facts regarding their claim; and the doctrine of adverse possession was wrongly applied but this error does not affect the outcome as the appellants' case was not proved on the pleadings and evidence.

Source excerpt

• Adverse possession
• Pleadings
• Burden of proof
• Appellate review
• Limitation of actions

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civil decision 2024 12 23 16 24 21

Court

TANZLII

The High Court nullified lower tribunal decisions in a land dispute for insufficient evidence on the land’s size and boundaries, while rejecting a challenge over an assessor’s absence.

• Adverse possession
• Locus standi
• Tribunal procedure
• Boundary disputes
• Land-law
• Boundary-disputes

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Judg Land appeal No 16485 HUSSEIN

Court

TANZLII

The High Court dismissed a land appeal, upholding findings that the respondent proved ownership, the claim was not time-barred, and adverse possession was not established.

• Adverse possession
• Limitation of actions
• Evidence evaluation
• Land ownership
• Burden of proof
• Land-law

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Judg Land appeal No 16485 HUSSEIN

Court

TANZLII

The High Court dismissed a land appeal, upholding findings that the respondent proved ownership and trespass, and rejecting adverse possession and limitation arguments.

• Adverse possession
• Limitation of actions
• Evaluation of evidence
• Burden of proof
• Land-law
• Adverse-possession

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JUDGMENT OF KAPITAO MGALA VS AMOS MISTA final

Court

TANZLII

High Court land appeal dismissed. The court held the appellant failed to prove a gift of land, upheld the tribunal’s use of one assessor, and found no need for locus in quo.

• Gift of land
• Power of attorney
• Burden of proof
• Role of assessors
• Locus in quo
• Adverse possession

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JUMA MPINDA SAFI

Court

TANZLII

The respondent discharged the burden of proof on the balance of probability, ownership of the suit land was established through credible oral testimony and corroborating witnesses, procedural objections regarding assessor's opinion and admission of documents were unfounded, and the appellant's grounds of appeal lacked merit.

Source excerpt

• Adverse possession
• Burden of proof
• Ownership of un-surveyed land
• Operation vijiji
• Procedural irregularities
• Assessment of evidence

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Sadock Samwel vs Thelessphory Emmanuel

Court

TANZLII

Appellant failed to prove purchase of the suit land as required by law; oral agreement was not substantiated by timely witness evidence; adverse possession does not apply where claim is based on alleged purchase and occupation was not uninterrupted.

Source excerpt

• Proof of land sale
• Adverse possession
• Burden of proof
• Customary law
• Oral contracts

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Liberatus Libereza

Court

TANZLII

The respondent established lawful acquisition of the disputed one acre of land by purchase from the original owner, supported by credible evidence, while the appellants' evidence was inconsistent and failed to prove valid acquisition. The process of survey and title acquisition by the appellants was void ab initio as it was based on land not validly acquired. Joinder of the Registrar of Title and other parties was unnecessary as no relief was sought against them.

Source excerpt

• Land ownership
• Title to land
• Adverse possession
• Description of suit land
• Joinder of necessary parties

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