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Tanzania decisions
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The appellants failed to prove valid title or legal capacity to sell the disputed land, and the respondent's evidence was found to be stronger on the balance of probabilities. The appeal lacked merit and was dismissed.
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The trial Tribunal erred in applying adverse possession to registered land without compliance with statutory procedures and erred in determining ownership based on a sale by a person lacking legal capacity. Proceedings and orders are nullified; additional evidence must be taken to determine lawful ownership.
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The High Court upheld dismissal of a land claim over estate property, holding the heirs had participated in prior sales and could not benefit from their own wrong.
The High Court allowed a land appeal, holding there was no proof the 1st respondent was an administrator and the sale was therefore void.
The 1st and 2nd Defendants had no legal capacity to sell the suit property to the Plaintiffs at the time of sale because they were not yet registered as legal personal representatives of the deceased; thus, the sale and subsequent title transfer to Plaintiffs was void and ineffectual.
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The sale of the suit land to the 2nd respondent was invalid as neither Tausi Omary nor the 1st respondent had authority to dispose of the estate property of the late Omary Mbomo. The Tribunal erred in relying on documents admitted for identification only and in finding the suit time-barred from 1993; the cause of action arose in 2011 when trespass was discovered. The appellant established ownership of the suit land as part of the estate of the late Omary Mbomo.
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