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Tanzania decisions
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The High Court dismissed a land trespass suit after finding the plaintiff failed to prove ownership of 60 acres and documentary evidence showed a settlement.
The 3rd respondent had already exchanged the disputed land with the 1st respondent in 1984, as evidenced by a written and witnessed agreement. Therefore, the 3rd respondent had no title to transfer to the appellant in 2009. The appellant failed to prove ownership, and the trial tribunal's decision was correct.
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The High Court upheld a land tribunal decision dismissing an administrator’s claim to 15 acres, finding the deceased’s ownership was not proved and no site visit was required.
The appellant proved on the balance of probabilities, through documentary evidence (Exhibit P2) and corroborating witness testimony, that the disputed land formed part of the estate of the late Leonard Twisa Mwakikosa. The respondent failed to provide documentary proof of a gift, and her evidence was inconsistent with the documentary record. The trial tribunal erred in its evaluation of the evidence and in considering extraneous matters. The appeal is allowed and the appellant is declared the rightful owner of the disputed land.
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The appeal was dismissed because the respondent proved the claim for rental arrears through credible oral and documentary evidence, including the appellant's written admission of debt, and the trial tribunal properly evaluated the evidence and admitted the documents in accordance with the law.
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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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High Court land appeal allowed: prior Ward Tribunal decision treated as res judicata, and respondents failed to prove a land sale by documentary evidence.
High Court land appeal dismissed after finding credible evidence that the deceased had sold the disputed 40-acre land to the 1st respondent.
Appellants failed to prove ownership of disputed land; evidence established they were invitees/licensees, not owners. Respondent's evidence was cogent, consistent, and weightier, proving ownership of the land. Gift inter vivos transfer was not valid as donee was a minor and no supporting evidence. Appeal dismissed as all grounds lacked merit.
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The respondent's evidence, both oral and documentary, was heavier and credible, establishing existence of a valid contract and agency, while appellant's evidence was merely a general denial without substantiation. Delivery notes and invoices, admitted without objection, corroborated the respondent's claim. Appeal dismissed for lack of merit.
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