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Tanzania decisions
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The High Court quashed a land tribunal judgment and sent the case back for a locus in quo visit to resolve uncertainty over boundaries and ownership.
The applicant failed to demonstrate any point of law worth certification for appeal, as the principle of tracing ownership was properly applied and the issue of locus in quo was a matter of evidence, not law.
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The Court of Appeal upheld most of a land recovery judgment, rejecting limitation, evidence, locus in quo, judge-change, and adverse possession complaints, but vacated general damages.
High Court land appeal allowed after procedural flaws in locus in quo handling; the DLHT decision was quashed and a retrial ordered before another chairman.
The opinions of the assessors were read over to the parties as required, the Tribunal properly evaluated the evidence and gave more weight to witnesses present during the sale, and the visit to locus in quo was not mandatory given the circumstances. The appeal lacked merit and was dismissed.
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The appeal was allowed solely on the ground that the visitation to the locus in quo was irregularly conducted due to the absence of key witnesses, which was a fatal irregularity vitiating the trial tribunal's proceedings.
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The proceedings and judgment of the trial tribunal were nullified because the description of the disputed land was insufficient, rendering the decree unworkable and not executable.
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The High Court set out that a tribunal should not act as a witness at locus in quo and should address bias complaints carefully to preserve procedural fairness.
Due to unresolved contradictions in the evidence regarding the size and boundaries of the suit land, the trial tribunal erred by not visiting the locus in quo; thus, its judgment is quashed and the matter remitted for proper determination after a site visit.
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