Tanzania Case Law

JONAS ISAKARI KISHIMBO VS JOHN PAUL LEYARO

Court

TANZLII

The 1st appellant, having represented himself as owner of both titles and used them as security for the loan, is estopped from denying ownership and capacity to mortgage; the evidence does not support that the loan was repaid prior to the transfer; procedural irregularities in admitting exhibits did not occasion a miscarriage of justice; the appeal lacks merit and is dismissed.

Source excerpt

• Mortgage of land
• Loan agreements
• Title transfer
• Estoppel
• Sanctity of contract
• Admissibility of evidence

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20160905 TZHC Dodoma

Court

TZHC

The High Court quashed land tribunal proceedings as a nullity after finding both sides relied on uncertified copies and failed to produce the original document or its author.

• Admissibility of evidence
• Mortgage of land
• Fresh trial
• Nullity of proceedings
• Land-law
• Evidence-law

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philipo jingu vs jumanne shabani 2016 tzhc 2157 29 july 2016

Court

TZHC

The matter is res judicata because the subject land and parties (through privy relationship) are the same as in the 1993 suit previously determined by a competent court; therefore, the Ward Tribunal lacked jurisdiction to re-adjudicate the dispute.

Source excerpt

• Res judicata
• Mortgage of land
• Customary law
• Family/clan land disputes

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