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Tanzania decisions
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The High Court Commercial Division dismissed an application to restore the applicant to a house pending the main suit, finding the request was delayed and would pre-empt the case.
The Tribunal had jurisdiction as Kigamboni DLHT was not operational when the case was filed; the appellant's arguments on consent and evidence were not pleaded and lacked merit; the requirement to read the application was for respondents' benefit, who were represented, thus the ground was unmerited.
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The High Court held that 2020 amendments to Tanzania’s Government Proceedings Act did not retrospectively apply to a land dispute already underway.
The plaintiffs failed to prove the existence of a valid contract with the 1st defendant regarding the suit property. The alleged contract (PE5) was not sufficiently proven to bear the 1st defendant's signature, and even if it existed, the 1st plaintiff could not transfer good title as the property was mortgaged to NCBA at the material time. The 1st defendant lawfully purchased the property from NCBA's Receiver Manager after default, and is the registered owner. The plaintiffs' suit is dismissed; the 1st defendant's counterclaim for ownership and general damages succeeds, but rental arrears ar…
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The Court of Appeal held that the appellant’s land suit was time-barred and that exemption from limitation had to be pleaded in the plaint, not raised in submissions.
The sale of the land by the second defendant to the first defendant was unlawful and invalid as the second plaintiff had fully repaid the loan. The first defendant's entry onto the first plaintiff's land constituted trespass, as the land had been lawfully sold to the first plaintiff before the loan agreement. The plaintiffs are the lawful owners of their respective plots.
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The Court of Appeal held that a later suit challenging sale of mortgaged property was res judicata because the dispute had been finally resolved by consent decree.
The High Court dismissed an objection to sale of mortgaged houses, holding that the applicant failed to prove a matrimonial home or registered caveat.
The High Court dismissed an application for stay of execution pending appeal, holding that the applicant had not satisfied the mandatory security requirement under Order 39 Rule 5(3).
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