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Tanzania decisions
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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 trial tribunal erred in ordering the appellant to refund the purchase price and pay compensation, as there was no evidence of joint liability or improvements by the respondent; such orders were not supported by the pleadings or evidence and are set aside.
Source excerpt
The plaintiff proved on a balance of probabilities that the late Kihiga Ramadhan Fundikira lawfully purchased and possessed the disputed land, while the defendants failed to prove their claim of ownership or lawful acquisition. The plaintiff is declared the lawful owner, and the defendants are trespassers. Any use of the land by defendants for public interest requires fair and adequate compensation to the plaintiff.
Source excerpt
The appeal was filed two days out of time without an application for extension of time, contrary to the mandatory provisions of the Land Disputes Courts Act and the Law of Limitation Act. The court is bound to dismiss any matter filed out of time, regardless of the merits, unless extension is sought and granted.
Source excerpt
The High Court dismissed a second appeal over compensation for tenant improvements, holding the respondent had a cause of action and the lower courts’ findings should stand.
Court of Appeal held that the High Court erred by determining the land dispute on unpleaded issues and awarding reliefs not sought, then ordered a plot exchange and compensation.
The Court of Appeal dismissed a land appeal, upholding findings that the plaintiffs owned the disputed land, the allocation to the appellant was unlawful, and general damages were proper.
The Court of Appeal held that a knowing trespasser was not entitled to compensation for improvements, but reduced general damages for loss of use from TZS 100 million to TZS 30 million.
The High Court allowed a land appeal and set aside compensation awarded to alleged trespassers, holding the claim was unsupported and not pleaded.
The High Court held that the plaintiffs were lawful tenants who improved the land and were entitled to compensation after acquisition, but dismissed a claim for specific damages.
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