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The High Court dismissed a land claim, holding that the plaintiff failed to prove ownership and was not entitled to compensation for alleged improvements.
The High Court held the appellant was the lawful owner of Plot No. 138 Block E, Mkolani, set aside the bonafide purchaser finding, and quashed refund and damages orders.
Plaintiffs failed to prove on the balance of probabilities that the disputed plots formed part of the estate of the late Said Ally Sufiani. The 1st defendant, as holder of certificate of title, has the best title to the land. There was insufficient evidence of prior ownership or continuous possession by the plaintiffs' predecessor. The allocation of plots to the 2nd and 3rd defendants was lawful. Plaintiffs' claims are dismissed.
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The Court of Appeal dismissed a land appeal, holding that the appellant’s 1986 allocation had been superseded by a later approved survey and reallocation.
The appellant is the lawful owner of the suit property as he was allocated the land in 2015 and issued a certificate of occupancy in 2019, which was not challenged or revoked. The property was not validly mortgaged to the 2nd respondent, as the mortgage deed lacked clear description and the 1st respondent had no title at the time. The 4th respondent did not acquire good title as a bonafide purchaser because the sale was invalid. Awards of refund and general damages against the 2nd respondent were unwarranted as the appellant's title was confirmed.
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The court adopted the deed of settlement as it complied with legal requirements, binding all parties, marking the suit as settled and precluding further litigation on the same cause of action.
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High Court land appeal allowed after finding the trial was defective for failure to join Kilwa District Council as a necessary party; retrial ordered.
The High Court dismissed an ex parte land claim over Plot No. 329 in Mbezi, finding the plaintiff failed to prove entitlement and that the court lacked power to allocate land.
The High Court upheld revocation of a right of occupancy for breach of conditions and land-rent nonpayment, dismissing the plaintiff’s challenge to reallocation.
The plaintiff was initially allocated the disputed plot but failed to pay the required allocation fees within the prescribed 30 days. The plot was subsequently allocated to the 3rd defendant, who holds a valid Certificate of Title. Payment of fees alone does not confer ownership without registration. The plaintiff is not entitled to the reliefs sought.
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