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Tanzania decisions
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The High Court allowed an appeal over distribution of a deceased wife's estate, holding the appellant had his own share in the house and could not have the whole property treated as estate.
The appeal was dismissed because the evidence established that the disputed land was jointly owned by the respondent and her late husband, and upon his death, the principle of survivorship applied, making the respondent the lawful owner. The appellants failed to tender and admit any valid will or certificate to prove their claim.
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The refusal by the respondent to consent to the sale was unreasonably withheld without justifiable cause, given the dire financial circumstances and her prior consent to the loans. Therefore, the first appellate tribunal wrongly nullified the sale agreement; the sale was valid and the appellant is the lawful purchaser.
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The High Court allowed a land appeal over jointly owned land sold without all co-owners’ consent, and set aside the tribunal’s judgment and decree.
The Court of Appeal dismissed a land appeal, holding the second respondent’s title and succession evidence were sufficient and evidentiary errors did not change the result.
Plaintiff lacks locus standi to claim ownership over jointly owned property with her deceased husband without being appointed administratrix of the deceased estate; suit struck out for want of locus.
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The trial court erred in awarding compensation to the respondent based on an unstamped sale agreement and without sufficient proof of insurable interest or completed transfer of ownership; indemnity should not have been awarded solely to the respondent given the joint insured status and lack of evidence of authorization; the appeal is allowed, and the trial court's judgment and decree are set aside.
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The appellant failed to prove lawful ownership or joint ownership of the suit property as her name was not on the certificate of title, and the tribunal properly considered all evidence and assessors' opinions. Matrimonial issues raised were outside the tribunal's jurisdiction.
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The High Court allowed a land appeal, finding the appellant proved sole ownership by sale agreement and the respondents failed to prove joint ownership.
The Court of Appeal held that neither party had valid title to the disputed land and set aside subdivision orders made without hearing all joint owners.
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