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Tanzania Case Law

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Land law lupembe village government ikolo ward kyela district another vs bethelehamu mwandafwa others 2023 tzca 17313 9 june 2023

lupembe village government ikolo ward kyela district another vs bethelehamu mwandafwa others 2023 tzca 17313 9 june 2023

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.

  • Customary land tenure
  • Unlawful land allocation
  • Compensation for improvements
  • General damages
  • Pleadings requirements
  • Land-law
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Land law bahati bilal

bahati bilal

The respondent failed to discharge the burden of proof required to establish ownership of the disputed land, as there was no credible evidence of purchase, no documentary proof, and no witnesses to the alleged transaction. The trial tribunal erred in ruling in favour of the respondent without such proof.

  • Customary land tenure
  • Burden of proof
  • Ownership dispute
  • Interpretation of customary leasehold (enfranchisement) act
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Land law CIVIL APPEAL NO 127 OF 2021 AHMAD ABDALLAH KINYOKWE VS ZULFA SALUM MAKUKA As Administrix of the Estate of SALUM ABDULRAHMAN MAKUKA 3 OTHERS

CIVIL APPEAL NO 127 OF 2021 AHMAD ABDALLAH KINYOKWE VS ZULFA SALUM MAKUKA As Administrix of the Estate of SALUM ABDULRAHMAN MAKUKA 3 OTHERS

Appellant failed to prove ownership of the suit land on the balance of probabilities; substitution of parties was procedurally proper; prior tribunal decisions were reversed and not binding; appeal dismissed for want of merit.

  • Customary land tenure
  • Ownership dispute
  • Administration of estate
  • Burden of proof
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Land law ahmad abdallah kinyokwe vs zulfa salumu makuka and others 2020 tzhclandd 72 17 april 2020

ahmad abdallah kinyokwe vs zulfa salumu makuka and others 2020 tzhclandd 72 17 april 2020

The High Court dismissed a land ownership claim over unsurveyed land at Vikeji, finding the plaintiff failed to prove that his alleged ancestor ever owned it.

  • Ownership of land
  • Letters of administration
  • Burden of proof
  • Customary land tenure
  • Admissibility of evidence
  • Land-ownership
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Land law anthony mseke others vs the chief executive national environment management council of tanzania another 2018 tzhclandd 567 28 february 2018

anthony mseke others vs the chief executive national environment management council of tanzania another 2018 tzhclandd 567 28 february 2018

The High Court held that the plaintiffs failed to prove lawful ownership of land in a mangrove reserve and dismissed their claims over demolition and compensation.

  • Customary land tenure
  • Mangrove reserve
  • Demolition of property
  • Notice requirements
  • Government mandate
  • Customary-land-tenure
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Land law 20170328 TZHC Mbeya2

20170328 TZHC Mbeya2

The appellant was the lawful owner of the disputed land under customary tenure. The respondent's acquisition and destruction of crops was unlawful as it did not comply with the Land Acquisition Act, including failure to compensate the appellant. The tribunal's judgment was fatally defective for not recording or considering assessors' opinions as required by law.

  • Customary land tenure
  • Compulsory acquisition
  • Compensation
  • Procedural irregularity
  • Land ownership
  • Public interest acquisition
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Land law ibrahim rehani vs alafa athuman kiloloma administratix of the estate of the late zainabu stecha kiloloma 2016 tzhc 2273 27 may 2016

ibrahim rehani vs alafa athuman kiloloma administratix of the estate of the late zainabu stecha kiloloma 2016 tzhc 2273 27 may 2016

The doctrine of res judicata applied because the dispute over the same piece of land had already been determined by the Mkwawa Ward Land Tribunal between the appellant and the Kiloloma family, including the respondent, who was deemed to claim under the same title. The District Land and Housing Tribunal lacked jurisdiction to entertain the matter again.

  • Res judicata
  • Jurisdiction
  • Customary land tenure
  • Inheritance
  • Land ownership disputes
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Land law 20160527 TZHC Iringa

20160527 TZHC Iringa

The doctrine of res judicata applies because the dispute over the same piece of land between the same parties or those claiming under them was finally determined by the Mkwawa Ward Land Tribunal, and the respondent is deemed to claim under the Kiloloma family who were parties to the previous suit. The District Land and Housing Tribunal erred in entertaining the matter.

  • Res judicata
  • Jurisdiction
  • Customary land tenure
  • Inheritance
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Land law 20151106 TZHC Mwanza2

20151106 TZHC Mwanza2

Second land appeal dismissed. The High Court upheld the tribunal’s decision, holding that the respondent’s family occupied the land uninterrupted for years after reallocation.

  • Adverse possession
  • Customary land tenure
  • Locus standi
  • Tribunal composition
  • Limitation of actions
  • Land-law
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Land law anyigulile mwailomo vs osia mwambuluma 2015 tzhc 2232 11 august 2015

anyigulile mwailomo vs osia mwambuluma 2015 tzhc 2232 11 august 2015

The appellant's claim is time barred as the respondent has been in possession of the suit land since 1998, exceeding the 12-year limitation period for recovery of land under the Law of Limitation Act. The principle of adverse possession applies, extinguishing the appellant's rights. Procedural irregularities alleged do not affect the outcome as the suit is legally barred.

  • Adverse possession
  • Limitation period
  • Prescription
  • Customary land tenure
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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.