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Tanzania decisions
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The High Court dismissed a land appeal and upheld compensation to a respondent whose house and customary land rights were affected by a later survey and occupancy grant.
The High Court held that SHUWASA lawfully owned the disputed land at Mwalugoye, found the defendants to be trespassers, and ordered demolition and vacant possession.
The EACJ dismissed a land and Treaty reference by the heirs of Nikobamye Mathias, finding no proven Treaty violation or lawful basis to grant the claimed reliefs.
The appellant failed to prove, on the balance of probabilities, that he purchased 24 acres of land from the respondents' father due to lack of documentary evidence and inconsistencies with prior judicial findings; thus, the DLHT's decision was upheld.
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The High Court granted leave to appeal after finding the intended grounds arguable on adverse possession, customary occupancy, and compensation.
The appellant's Certificate of Title for Plot No. 8 Block K Miyuji North did not expire in 1986, as the evidence showed continued payment of annual land rent and no statutory notice of revocation was issued. The respondents failed to prove ownership by adverse possession or gift inter vivos, and there was no evidence that Dodoma City Council owned the land. The Tribunal erred in its analysis and findings. The appellant is the lawful owner, and the respondents are trespassers.
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The appellant lacked locus standi as the letter of administration was issued by a court without territorial jurisdiction and related to a different date of death than alleged. All proceedings initiated by the appellant were void ab initio and must be vacated.
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The court held that the plaintiff breached the offer conditions and had no good title, while the land acquisition was incomplete for lack of compensation.
The High Court dismissed a land appeal, upholding the tribunal’s finding that the respondent proved ownership through corroborated oral evidence.
Appellant failed to prove lawful ownership or entitlement to compensation; respondent's documentary evidence established valid title; procedural and evidentiary rules were properly applied; appeal dismissed.
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