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Tanzania decisions
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The respondent discharged the burden of proof on the balance of probability, ownership of the suit land was established through credible oral testimony and corroborating witnesses, procedural objections regarding assessor's opinion and admission of documents were unfounded, and the appellant's grounds of appeal lacked merit.
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The High Court dismissed a land claim over 980 acres at Malula, holding that the land had been lawfully allocated under operation vijiji and that the village council remained owner.
Plaintiffs failed to establish ownership over the disputed land on a balance of probabilities; their evidence was oral, uncorroborated, and inconsistent, while the defendant provided certified documentary evidence showing lawful acquisition and planning of the land by the Kibaha District Council.
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The appellant failed to prove ownership as pleaded; evidence led was contrary to pleadings and no amendment was sought. The High Court correctly quashed and set aside the DLHT judgment, and the appeal lacks merit.
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The High Court dismissed a land appeal, holding that the appellant failed to prove ownership of the disputed land or rebut the respondent’s possession and admissions.
The application for leave to appeal was dismissed because the grounds raised were factual, not legal, and there was no evidence of re-allocation of the suit land to the applicant or his father. The legal question of re-allocation during Operation Vijiji was not in dispute or adjudged contrary to law in the impugned judgment. The applicant's arguments did not raise any issue of general importance or arguable appeal for the Court of Appeal.
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Second appeal over ownership of disputed land dismissed; the High Court upheld the tribunals’ findings, including allocation by village authority and adverse possession.
The High Court at Mbeya dismissed a land appeal, upholding the tribunal’s finding that the appellant had not proved ownership of the disputed 8-acre parcel.
The High Court allowed a land appeal, finding the tribunal misread the evidence and that the respondent had not proved acquisition of the disputed land in 1974.
The High Court allowed an appeal over disputed village land, finding the tribunal misread the evidence and that the appellant proved longtime occupation and development.
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