Tanzania Case Law

TEBELO JUDGMENT

Court

TANZLII

The first respondent failed to prove, on the balance of probabilities, that she was lawfully married to the second respondent as required by law; the letter from the Street Chairman is not sufficient proof of marriage under section 55 of the Law of Marriage Act; contradictions between pleadings and testimony undermined her case; therefore, the trial Tribunal erred in its findings and decision.

Source excerpt

• Matrimonial property
• Spousal consent
• Mortgage validity
• Burden of proof
• Pleadings and evidence

Read case analysis

LETSHEGO JUDGMENT

Court

TANZLII

The High Court dismissed Letshego Bank’s land appeal, holding there was no proof the first respondent mortgaged his house and no error in the tribunal’s reasoning.

• Mortgage validity
• Evidentiary requirements in land disputes
• Role of assessors in dlht
• Appeals procedure
• Mortgage-validity
• Land-disputes

Read case analysis

OMARY IBRAHIM MUMBA VS PELES MKUMBO NSUNZA

Court

TANZLII

The High Court held the appellant was the lawful owner of Plot No. 138 Block E, Mkolani, set aside the bonafide purchaser finding, and quashed refund and damages orders.

• Ownership of land
• Mortgage validity
• Bonafide purchaser doctrine
• Allocation of land
• Certificate of occupancy
• General damages

Read case analysis

ruling MARRY APPLICATION

Court

TANZLII

The applicant failed to prove that the suit property belonged to the late Selemani Juma Kigera as he was never registered as owner on the certificate of title; all transactions were made while he was alive and he never objected; thus, the property does not belong to the applicant or the deceased's estate and the application lacks merit.

Source excerpt

• Matrimonial property
• Execution of judgments
• Mortgage validity
• Ownership of land
• Affidavit evidence

Read case analysis

mwanga hakika microfinance bank ltd v tina john shirima another 2024 tzhclandd 30 22 february 2024

Court

TANZLII

The High Court upheld a land tribunal decision recognizing the first respondent as lawful owner and held the later mortgage void because the mortgagor had already disposed of the property.

• Ownership dispute
• Mortgage validity
• Due diligence
• Balance of probability
• Land-ownership-dispute
• Mortgage-validity

Read case analysis

civil decision 2024 OMARY IBRAHIM MUMBA VS PELES MKUMBO NSUNZA

Court

TANZLII

The appellant is the lawful owner of the suit property as he was allocated the land in 2015 and issued a certificate of occupancy in 2019, which was not challenged or revoked. The property was not validly mortgaged to the 2nd respondent, as the mortgage deed lacked clear description and the 1st respondent had no title at the time. The 4th respondent did not acquire good title as a bonafide purchaser because the sale was invalid. Awards of refund and general damages against the 2nd respondent were unwarranted as the appellant's title was confirmed.

Source excerpt

• Ownership of land
• Bonafide purchaser
• Mortgage validity
• Allocation of land
• Certificate of occupancy
• General damages

Read case analysis

LAND APPEAL CASE NO

Court

TANZLII

The mortgage over the suit properties was a nullity for want of valid spousal consent, as the appellant failed to verify the true spouse with an interest in the matrimonial home. The properties were proven to be matrimonial homes jointly acquired and occupied by the deceased spouses, and the purported consent from Asha A. Mtauka was insufficient and unverified. The appellant did not discharge its statutory duty to ascertain the correct spousal interest, rendering the mortgage invalid.

Source excerpt

• Spousal consent
• Matrimonial property
• Mortgage validity
• Alienation of matrimonial home

Read case analysis

LAND APPEAL NO

Court

TANZLII

The court found that spousal consent was sufficiently evidenced by the letter dated 9th March 2018, and that the mortgagee discharged its legal obligation. The mortgage and subsequent sale were therefore valid, and procedural complaints regarding assessors and reassignment lacked merit.

Source excerpt

• Matrimonial property
• Spousal consent
• Mortgage validity
• Loan default
• Procedure in land tribunals

Read case analysis

Land Appeal No

Court

TANZLII

The appellant failed to provide sufficient documentary evidence to prove that the property was encumbered by a valid mortgage at the time of sale. The Tribunal was correct in finding that the 1st Respondent acquired good title, as the sales and transfer documents were credible and unrebutted. The claim of a loan top-up was not pleaded or substantiated. The perpetual injunction was justified as the appellant had no enforceable mortgage rights at the time of sale.

Source excerpt

• Mortgage validity
• Title to land
• Burden of proof
• Injunctions
• Pleadings and evidence

Read case analysis

milcah kalondu mrema vs tib development bank limited another1 2023 tzca 17982 15 december 2023

Court

TZCA

The trial court erred in dismissing the counterclaim at the preliminary stage because the appellant's locus standi depended on disputed facts that required evidence; the pleadings established a prima facie case within the exceptions to Foss v. Harbottle, and the issue could not be resolved without trial.

Source excerpt

• Locus standi
• Preliminary objection
• Shareholder rights
• Mortgage validity
• Exceptions to foss v. harbottle

Read case analysis