Tanzania Case Law

Arusha Blooms Limited v Hon. Permanent Secretary Ministry of Finance, Hon. Permanent Secretary, Ministry of State Presidents Office and Planning Investment, Bank of Tanzania, The Commissioner for Lands, The Assistant Registrar of Titles Arusha, Arusha District Council, The Hon. Attorney General, Vintan W. Mbirro (Defunct Received Manager Arusha Bloom Ltd), Daniel B Welwel (Defunct Received Manager Arusha Bloom Ltd) and Kitindi & Company Limited

The High Court at Arusha struck out Arusha Blooms Limited’s land application, holding that a pending appeal over the same property had already removed its jurisdiction.

• Jurisdiction after notice of appeal
• Preliminary objection
• Interim injunction
• Status quo order
• Receivership
• Public auction of land

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KERIKA OLOIYO Edited 222

Court

TANZLII

The High Court held that Engusero Sidani’s village land use plan existed but was made without required village council involvement, so it was not enforceable.

• Village land use planning
• Public land
• Trespass
• Procedural compliance
• Compensation
• Injunction

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LAND CASE BHOKE SELEMAN

Court

TANZLII

The High Court at Musoma recorded a consent judgment settling a land dispute over alleged road reserve plots, with compensation to be paid before demolition.

• Road reserve
• Demolition
• Compensation
• Injunction
• Ownership
• Land-law

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BITALIHO RUHERE Vs

Court

TANZLII

Plaintiff proved ownership by certificate of title; defendants trespassed without consent; plaintiff entitled to vacant possession, demolition, injunction, general damages, but failed to strictly prove specific damages claim.

Source excerpt

• Trespass to land
• Title to land
• Damages
• Injunction

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HERMIT INTERNATIONAL COMPANY LIMITED

Court

TANZLII

The dispute was resolved by consent, with the terms of the deed of settlement recorded and a decree entered accordingly.

Source excerpt

• Breach of sale agreement
• Ownership dispute
• Injunction
• Damages
• Rescission

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HAMISI SAIDI ALLY AND ANOTH Vs

Court

TANZLII

Plaintiffs failed to prove on the balance of probabilities that the disputed plots formed part of the estate of the late Said Ally Sufiani. The 1st defendant, as holder of certificate of title, has the best title to the land. There was insufficient evidence of prior ownership or continuous possession by the plaintiffs' predecessor. The allocation of plots to the 2nd and 3rd defendants was lawful. Plaintiffs' claims are dismissed.

Source excerpt

• Title to land
• Burden of proof
• Locus standi
• Allocation of land
• Forest reserve
• Injunction

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john wambura SCANNED

Court

TANZLII

The court adopted and recorded the deed of settlement as a consent judgment, holding that the payment of TZS 70,000,000 by the plaintiff to the 1st defendant constitutes full settlement, and upon payment, all collateral is to be released and all claims between the parties are discharged.

Source excerpt

• Settlement agreement
• Collateral release
• Injunction
• Damages
• Discharge of liability

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MIsc

Court

TANZLII

The matter was amicably settled by a deed of settlement, which was adopted by the court as a consent judgment, binding all parties and disposing of the suit.

Source excerpt

• Settlement
• Sale agreement
• Injunction
• Rent payment

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registered trustees of the islamic solidarity center vs jaabir swalehe koosa others 2024 tzca 188 18 march 2024

Court

TZCA

The dispute, being based on tort and seeking declaratory judgment, injunction, and damages, could not be resolved by BARAZA KUU under the appellant's constitution; therefore, the requirement to exhaust internal remedies did not apply, and the trial and High Court erred in dismissing the suit as premature.

Source excerpt

• Jurisdiction
• Exhaustion of remedies
• Trespass
• Injunction
• Damages
• Internal dispute resolution

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zebra international enterprises limited vs anthony mrisho ngai others 2024 tzca 142 28 february 2024

Court

TZCA

The Court of Appeal dismissed a land appeal, holding that the appellant’s 1986 allocation had been superseded by a later approved survey and reallocation.

• Allocation of land
• Priority of title
• Survey plans
• Customary right of occupancy
• Pleadings
• Evidence

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