Tanzania Case Law

LAND APPEAL NO

Court

TANZLII

The appellant failed to prove ownership of the disputed land due to contradictory evidence and lack of credibility. Adverse possession cannot be claimed simultaneously with purchase, and permissive occupation is not adverse possession. Both parties had locus standi based on pleadings. Non-joinder of the purported seller's legal representative was irrelevant as the purchase claim was not substantiated.

Source excerpt

• Adverse possession
• Locus standi
• Non-joinder of necessary parties
• Credibility of evidence

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ALFRED NDUKAI OLETAYA VERSUS TEH REPUBLIC JUDGMENT

Court

TANZLII

The prosecution failed to prove the essential ingredients of the offence, including principal-agent relationship and corrupt solicitation/acceptance, beyond reasonable doubt. Delayed reporting, contradictory evidence, failure to call material witnesses, and improper shifting of the burden of proof rendered the conviction unsustainable.

Source excerpt

• Corruption
• Burden of proof
• Credibility of evidence
• Principal-agent relationship
• Material witness
• Visual identification

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selemani ally matuwa vs shabani rashidi costa and another 2021 tzhclandd 6894 16 november 2021

Court

TANZLII

The appellant failed to establish continuous possession or timely action for recovery of land. The claim was brought outside the statutory limitation period, rendering it time barred. The respondents' possession since 1974 was supported by evidence and legal principles.

Source excerpt

• Limitation period
• Possession
• Ownership
• Credibility of evidence

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thabit mohamed mgwalu vs morsadi hassan malende another 2018 tzhclandd 143 11 may 2018

Court

TANZLII

The appellant acquired lawful title to the disputed land by adverse possession, having occupied and developed it since 1970 without disturbance. The respondents had no authority to sell the land, and the appellate tribunal erred in disregarding the trial tribunal's assessment of witness credibility.

Source excerpt

• Adverse possession
• Title to land
• Credibility of evidence
• Sale of land without title

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mshamu so lukuba vs republic 2008 tzhc 255 17 november 2008

Court

TZHC

The prosecution failed to prove the offences of conspiracy to steal and stealing by servant beyond reasonable doubt. The evidence of stock verification was one-sided, conducted in the absence of the appellant, and compromised by ongoing operations after his arrest. The appellant's explanation of performing ordinary duties raised serious doubts as to his guilt. The burden of proof was not discharged by the prosecution.

Source excerpt

• Conspiracy to steal
• Stealing by servant
• Burden of proof
• Credibility of evidence

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mohamed mbegu vs rehema mohamedi 2007 tzhc 51 8 march 2007

Court

TZHC

The High Court dismissed a civil appeal over a certificate of title for estate property, upholding findings that the appellant had possessed the document and should surrender it.

• Appeal against order for surrender of certificate of title
• Administrator's right to estate property
• Credibility of evidence
• Succession-law
• Property-law
• Civil-appeal

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19950711 TZHC Dodoma

Court

TZHC

Second appeal dismissed: the High Court upheld concurrent findings that the respondent proved medical and related expenses arising from the appellant’s assault.

• Damages
• Costs
• Appeal
• Credibility of evidence
• Civil-appeals
• Credibility-of-evidence

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JUDGEMENT KALIMUWABHU MGOZI

Court

TANZLII

The appellant's evidence was materially self-contradictory, undermining credibility. The tribunal properly evaluated evidence and prior decisions established the respondent's late husband as rightful owner. The appellant abandoned the land for over 21 years, indicating lack of interest.

Source excerpt

• Inheritance
• Ownership dispute
• Credibility of evidence
• Evaluation of evidence

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19920904 TZHC Tabora

Court

TZHC

The High Court dismissed a land appeal after finding the appellant failed to prove he bought the disputed land, and his own evidence was not credible.

• Land ownership
• Sale of land
• Credibility of evidence
• Land-ownership
• Sale-of-land
• Credibility-of-evidence

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jacob mrema vs republic 1981 tzca 22 4 february 1981

Court

TZCA

On second appeal, the Court of Appeal of Tanzania held that the prosecution had not proved stealing by public servant beyond reasonable doubt and allowed the appeal.

• Stealing by public servant
• Burden of proof
• Credibility of evidence
• Criminal-law
• Burden-of-proof
• Evidence-credibility

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