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Tanzania decisions
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High Court land appeal dismissed after the court upheld a finding that the respondent’s land bordered a valley and that the tribunal’s errors caused no failure of justice.
The tribunal failed to resolve material issues, particularly regarding the Ministry of Lands' directive prohibiting surveys until boundary disputes were resolved, and did not adequately address the core dispute, rendering the judgment a nullity and necessitating a retrial.
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The High Court set aside a DLHT land decision for lack of proper Ward Tribunal referral and noted the boundary dispute warranted a locus in quo visit.
The appellant failed to prove encroachment by competent evidence, did not call a land surveyor, and did not establish the size, value, or location of the alleged demolished wall. The respondent had locus standi as he was sued, and the tribunal was not obliged to visit locus in quo or call witnesses for the parties.
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The Tribunal did not err in failing to visit the locus in quo as neither party requested it and no exceptional circumstances were shown. The evidence on record was sufficient to determine the boundary dispute, and contradictions in witness testimony were not material to the outcome. The Tribunal's findings are upheld.
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The High Court allowed withdrawal of a land suit with leave to refile, holding the boundary-document problem could justify a fresh case, but costs were awarded to the defendants.
The High Court adopted a deed of settlement in a land dispute, ordering a resurvey, boundary rectification, and later allocation of the land to the plaintiff.
The High Court set aside a Tabora Land Tribunal ruling that had dismissed an execution application as res judicata and remitted the matter for rehearing.
The opinions of the assessors were read over to the parties as required, the Tribunal properly evaluated the evidence and gave more weight to witnesses present during the sale, and the visit to locus in quo was not mandatory given the circumstances. The appeal lacked merit and was dismissed.
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There was no legal justification to survey the land and issue a title deed to the appellant while a dispute existed and without full engagement of both parties. The concurrent findings of the lower tribunals that the respondent was the rightful owner and that the appellant's title deed was invalid are upheld. The appeal is dismissed as baseless.
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