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Tanzania decisions
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The High Court set aside land execution proceedings for lack of identified land size and demarcation, holding the underlying proceedings were a nullity.
The applicant failed to demonstrate that the additional evidence (survey map) could not have been obtained with reasonable diligence at trial, and a similar map was already admitted as evidence. The application is an attempt to fill gaps after losing at trial, which is not permissible. The conditions for admitting additional evidence on appeal were not met.
Source excerpt
The appellate court found that both parties owned parcels in the disputed area, but the area claimed by the respondent as belonging to Maria Noela was not in dispute and should be considered part of the respondent's claim. The appellant is declared the lawful owner of the disputed land, and the trial tribunal's decision is set aside.
Source excerpt
The High Court dismissed a land appeal, finding no admissible evidence of a public road, blockage, or trespass, and upheld the tribunal’s dismissal with costs.
The High Court allowed a land appeal and ordered an independent expert to measure and demarcate the disputed plots to resolve the real boundary issue.
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