Tanzania Case Law

willa ishengoma and 2 others vs mahenda nyalika and another 2021 tzhclandd 6792 26 november 2021

Court

TANZLII

The second defendant acquired title to the land first from the original owner, and the subsequent sale to the plaintiffs' predecessor was invalid as the seller had no title to pass. The plaintiffs' survey and certificate of title are nullities due to procedural defects and lack of neighbour involvement. The first defendant lawfully occupies the land, and the suit is dismissed.

Source excerpt

• Priority principle
• Title to land
• Survey procedures
• Fraudulent conveyance
• Trespass

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tbp bank vs bininual hussein said 2020 tzhc 1664 29 july 2020

Court

TZHC

The High Court dismissed a land appeal, holding that the respondent bought the house as a bona fide purchaser and that the challenged mortgage evidence did not prove the property sold was encumbered.

• Mortgage validity
• Bona fide purchaser
• Evaluation of evidence
• Fraudulent conveyance
• Land-law
• Mortgage-validity

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19941128 TZCA Zanzibar

Court

TZCA

The Court of Appeal set aside a Kadhi’s court decision over a disputed house, holding the court lacked jurisdiction and that the judgment was obtained by fraud.

• Fraudulent conveyance
• Jurisdiction of kadhi's court
• Inheritance
• Review powers of high court
• Appeal limitations in islamic law matters
• Kadhis-court-jurisdiction

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19760918 TZHC Mwanza

Court

TZHC

The High Court upheld findings that the appellant blocked repayment of a loan secured by a pledged shamba and relied on a fake sale document. The appeal was dismissed.

• Pledge
• Loan repayment
• Fraudulent conveyance
• Evidence standard
• Loan-repayment
• Fraudulent-conveyance

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19760322 TZHC Mwanza

Court

TZHC

The High Court dismissed a land appeal after finding the appellant had fraudulently sold more land than he owned, causing an encroachment recoverable by the respondent.

• Land sale
• Encroachment
• Fraudulent conveyance
• Land-encroachment
• Property-law
• Fraudulent-conveyance

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