Tanzania Case Law

RAMADHANI KIHIGA FUNDIKIRA Sale Agriment to prove ownership

Court

TANZLII

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

• Ownership of land
• Trespass
• Permanent injunction
• Compensation for improvements
• Declaration of title

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ibrahim ally yusuf mpore vs nalgis ally yusuf mrope another 2016 tzca 901 26 october 2016

Court

TZCA

The Court of Appeal granted a stay of execution pending appeal, holding that the decree was executable and that the applicant met the rule 11 conditions.

• Stay of execution
• Declaration of title
• Mesne profits
• Eviction orders
• Stay-of-execution
• Land-title-dispute

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19990604 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a land appeal, holding that the appellant failed to prove a better title to Plot No. 93 Bahari Beach than the respondent.

• Declaration of title
• Right of occupancy
• Burden of proof
• Appeal grounds
• Land-law
• Civil-procedure

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