Tanzania Case Law

DANKEY JUDGMENT Final

Court

TANZLII

The second respondent had good title and capacity to transfer the disputed property, as the sale was consented and witnessed by family members, and no dispute exists among them. The appellant failed to prove prior ownership or occupation. The first respondent is a bonafide purchaser whose rights are protected. Non-joinder of family members did not affect the substance of the suit.

Source excerpt

• Title transfer
• Administrator capacity
• Bonafide purchaser
• Joinder of parties
• Evidence analysis

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land case signed scanned

Court

TANZLII

The secretary's participation in the tribunal's decision rendered the proceedings and decision illegal and void.

Source excerpt

• Tribunal composition
• Jurisdiction
• Timeliness
• Evidence analysis

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selestiono simon siwiti vs the registered trustees of tanzania assemblies of god tag 2023 tzhc 23842 21 november 2023

Court

TZHC

The High Court allowed a land appeal, quashed the tribunal decision, declared the appellant owner of the disputed land, and awarded damages and costs.

• Land ownership
• Evidence analysis
• Locus in quo
• Execution of judgment
• Damages
• Land-ownership

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herieth kasidi vs agustino bushiri 2023 tzca 17767 23 october 2023

Court

TZCA

The Court of Appeal upheld most of a land recovery judgment, rejecting limitation, evidence, locus in quo, judge-change, and adverse possession complaints, but vacated general damages.

• Land ownership
• Limitation period
• Adverse possession
• General damages
• Evidence analysis
• Judicial reassignment

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gaudence sangu vs republic 2022 tzca 784 7 december 2022

Court

TZCA

The Court of Appeal of Tanzania dismissed a criminal appeal, holding that although the High Court failed to re-evaluate defence evidence, the convictions were still supported by the record.

• Fraudulent appropriation of power
• Malicious damage to property
• Personation of public officer
• Obtaining money by false pretence
• Appellate review
• Evidence analysis

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NYANGE BAKARI

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellants felled trees in a farm measuring 63.9 acres without a valid permit, and the trial court did not shift the burden of proof; concurrent findings on credibility and facts are upheld.

Source excerpt

• Illegal felling of trees
• Burden of proof
• Principal-agent liability
• Jurisdiction
• Evidence analysis

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pastola sagumganga mwasamila others vs ultimate security 2022 tzhcld 677 22 july 2022

Court

TANZLII

Applicants' claims for October 2019 salary were not pleaded at CMA and not supported by evidence; the arbitrator properly analyzed evidence and found applicants were paid their entitlements under the early release agreements.

Source excerpt

• Unfair termination
• Fixed term contract
• Early release agreement
• Salary compensation
• General damages
• Pleadings

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kamili john lema vs angela kassim mwinuka 2022 tzhclandd 500 28 june 2022

Court

TANZLII

The trial Tribunal erred by relying solely on a mistaken phrase in the written statement of defence as an admission of trespass, without analyzing the full pleadings and evidence. The evidence did not establish trespass by the appellant, and the disputed two-brick area was part of the appellant's house, not the respondent's land.

Source excerpt

• Boundary dispute
• Trespass
• Pleadings
• Evidence analysis

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SEZA DONGEA LAND APPEAL

Court

TANZLII

The trial tribunal erred by relying on sale agreements lacking evidential value and failing to properly analyse the evidence, which was heavier in favour of the Appellant, establishing his ownership of the disputed land.

Source excerpt

• Ownership dispute
• Sale agreements
• Evidence analysis

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mohamed s fungafunga vs ambiana mzava 2022 tzhclandd 567 28 february 2022

Court

TANZLII

The High Court allowed a land appeal in part, finding the tribunal had not properly weighed the evidence on ownership and encroachment, and ordered a retrial before a new chairman and assessors.

• Ownership dispute
• Burden of proof
• Evidence analysis
• Encroachment
• Land-law
• Land-ownership

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