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Tanzania decisions
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The High Court at Kigoma struck out a land suit after finding a defective verification clause and improper joinder of the Commissioner for Lands.
The application is incompetent for seeking an order against a party not privy to the proceedings, specifically the corporate entity now holding title to the property. The court cannot issue orders against a non-party, and the applicant failed to properly amend the application to include the correct party. The preliminary objection on this ground is sustained.
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Plaintiff proved ownership of 556.27 acres by valid customary right of occupancy issued after proper procedures. Defendants' occupation was subsequent and based on allocations or purchases from villagers who could not pass valid title. Expert evidence confirmed Defendants' trespass into Plaintiff's land. Plaintiff entitled to relief against Defendants to the extent of their occupation within the suit land.
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The High Court allowed a land appeal after finding the tribunal wrongly dismissed the case when the appellants sought leave to amend pleadings.
The application is fatally defective because the 1st respondent named was not a party to the original proceedings, and such a defect is not curable by amendment or substitution as it goes to the root of the matter. The only remedy is to strike out the application to allow the applicant to sue the proper party.
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The High Court dismissed a land appeal, holding that the respondent was not the proper party to be sued and that the Tribunal correctly dismissed the application.
The High Court held that the land suit was res judicata because earlier proceedings between the same parties over the same subject matter had been finally determined.
The petition was filed by a non-existing entity, Change Tanzania Limited, which had been automatically deregistered by operation of law for failure to comply with statutory requirements. As a non-juristic person, it could not maintain an action. The respondent, Registrar of BRELA, is also not a legal entity capable of being sued. The petition is therefore incompetent and overtaken by events.
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The High Court of Tanzania granted leave to appeal in a land dispute matter, finding the application meritorious and making no order as to costs.
The High Court allowed a land appeal, quashed the tribunal’s dismissal, held the application was not premature, and ordered eviction of the respondents.
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