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Tanzania Case Law

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Contract law KISESA JUDGMENT

KISESA JUDGMENT

The High Court found the defendants misrepresented a mortgaged property sold at auction, making the contract voidable and awarding refund, damages, interest, and costs.

  • Misrepresentation
  • Auction sales
  • Caveat emptor
  • Voidable contracts
  • Land boundaries
  • Auction-sales
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Land law leonard elimsu urio 2023 tzhc 23207 30 november 2023

leonard elimsu urio 2023 tzhc 23207 30 november 2023

High Court land appeal dismissed: the appellant failed to show good title, as the sellers had not fully paid or validly acquired transferable title.

  • Transfer of title
  • Breach of contract
  • Registration of land documents
  • Caveat emptor
  • Remedies for breach
  • Land-law
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Land law consolata daudi mallya vs mathew silayo 2023 tzhc 22618 15 november 2023

consolata daudi mallya vs mathew silayo 2023 tzhc 22618 15 november 2023

The High Court allowed a land appeal, held the appellant’s registered title was conclusive, and found the respondent’s sale-chain title invalid.

  • Registered land ownership
  • Title registration
  • Disposition of right of occupancy
  • Validity of sale agreements
  • Caveat emptor
  • Role of assessors in tribunal
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Land law rajabu saidi masuma vs abela joseph fransis and another 2023 tzhc 20295 18 august 2023

rajabu saidi masuma vs abela joseph fransis and another 2023 tzhc 20295 18 august 2023

The High Court dismissed a land appeal arising from a double sale dispute, holding that the first purchaser had better title and the second sale could not prevail.

  • Double sale of land
  • Priority principle in land ownership
  • Burden of proof
  • Necessary parties
  • Caveat emptor
  • Double-sale-of-land
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Contract law crescent impex t limited vs mtibwa sugar estates limited 2023 tzca 17501 16 august 2023

crescent impex t limited vs mtibwa sugar estates limited 2023 tzca 17501 16 august 2023

The Court of Appeal dismissed a contract dispute over the price of PTFE materials, holding the appellant failed to prove the alleged price and could not rely on untendered invoices.

  • Burden of proof
  • Documentary evidence
  • Caveat emptor
  • Pleadings
  • Standard of proof
  • Burden-of-proof
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Land law luhiwiti

luhiwiti

The 2nd and 3rd respondents failed to prove that the disputed land was gifted to them by their late father before his death. Therefore, they had no good title to sell the land to the 1st respondent. The sale agreement and the Customary Right of Occupancy issued to the 1st respondent are invalid. The land forms part of the estate of the Late Rashid Ally Lihiwiti and is to be administered by the appellant.

  • Administration of estates
  • Customary land rights
  • Validity of sale agreements
  • Burden of proof
  • Bona fide purchaser
  • Caveat emptor
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Land law mirambo mabula vs yohana maiko sengusa another 2022 tzca 100 8 march 2022

mirambo mabula vs yohana maiko sengusa another 2022 tzca 100 8 march 2022

The Court of Appeal held that the 1st respondent breached the land sale agreement by missing agreed payments, so the 2nd respondent could revoke the deal and sell to the appellant.

  • Breach of contract
  • Specific performance
  • Ownership of land
  • Burden of proof
  • Caveat emptor
  • Judicial procedure (successor judge)
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Land law athumani nassoro jakwenga vs renatus e ngabani 2 others 2022 tzhclandd 123 21 february 2022

athumani nassoro jakwenga vs renatus e ngabani 2 others 2022 tzhclandd 123 21 february 2022

The High Court allowed a land appeal, holding that the seller had no legal title to transfer family land from a deceased’s estate and the sale was void.

  • Title to land
  • Bonafide purchaser
  • Administration of estates
  • Validity of sale agreements
  • Caveat emptor
  • Land-law
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Property law kmm saving and credits cooperative society limited vs peles yeleje mhebo administratrix of john shege mataba deceased 2021 tzhclandd 331 30 july 2021

kmm saving and credits cooperative society limited vs peles yeleje mhebo administratrix of john shege mataba deceased 2021 tzhclandd 331 30 july 2021

The High Court dismissed a land suit, holding the plaintiff failed to prove ownership because the certificate of title was not in its name.

  • Ownership of land
  • Mortgage validity
  • Burden of proof
  • Damages
  • Caveat emptor
  • Land-law
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.