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The 1st respondent proved ownership of the disputed land on balance of probabilities through corroborated testimony, while appellant and 3rd respondent failed to establish valid title due to lack of evidence on prior acquisition and defective sale agreements; certificate of title obtained during proceedings does not override prior interests.
Source excerpt
Appellants failed to prove lawful transfer of the suit land to themselves, as required by law. Long occupation and a Letter of Offer do not suffice to establish ownership without evidence of valid transfer, especially where the alleged transfer occurred when the appellants were minors. The sale to the second respondent was valid, and the concurrent findings of the lower courts are upheld.
Source excerpt
The Court of Appeal set aside a High Court judgment after finding the trial court decided an unframed issue without hearing the parties on the appellant’s legal status.
High Court appeal over allocation of a Bagamoyo plot was dismissed. The court held land law, not contract law, governed the dispute and the offer could be withdrawn for non-development.
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