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Tanzania decisions
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The High Court’s Land Division dismissed a trespass claim over land at Mioka Village, holding the suit was filed outside the three-year limitation period.
The High Court held the land development agreement binding, but found omissions and uncertainty in its terms. It ordered the parties to vary the contract and left the title deed with the defendant as security.
The High Court held that the plaintiff proved a joint venture and an excess contribution of USD 3.3 million, ordering repayment with interest and costs.
Both plaintiff and defendant failed to substantiate their monetary claims with sufficient evidence; neither proved entitlement to claimed amounts. Parties must reconcile accounts and determine actual profit for division as per agreement.
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Tenants have no legal right of first refusal in redevelopment or joint venture projects absent contractual provision; alternative remedy of damages is available; balance of convenience does not favor applicants; application for injunction dismissed.
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The Court of Appeal partly allowed an appeal over a disputed joint venture, holding that only TZS 280,000 remained unpaid and that profits were not proved.
Given the disputed ownership and ongoing harvesting by respondent, it is fair and just to restrain respondent from further tampering with crops in the Estates until conclusion of the main suit. Applicant has proved alienation of crops.
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