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Tanzania decisions
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Since the execution of the ward tribunal's order declaring the respondent as landowner was not completed and the appellant was not declared to have lost ownership of the trees, the criminal court lacked jurisdiction to convict for criminal trespass; the dispute over ownership was not finally resolved in a civil forum.
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The respondent lawfully acquired ownership of the suit land through purchase from the appellant's mother and brother, supported by credible evidence and witnesses. The sale agreement, despite minor inconsistencies, was valid. The suit was not time barred as the basis for possession was purchase, not adverse possession. The appellant failed to act for an extended period, indicating knowledge and acquiescence.
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The High Court dismissed a land appeal after finding the appellant failed to prove ownership and trespass, and that the tribunal properly evaluated the evidence.
The High Court quashed Tanzanian land tribunal proceedings after finding two defence witnesses testified without being sworn, and ordered the evidence reheard.
The High Court dismissed a land appeal, holding the tribunal was properly constituted and the appellant failed to prove ownership or encroachment.
The High Court partly quashed a tribunal decision that declared the respondent owner of a disputed house, but upheld dismissal of the appellant’s claim.
Appellant failed to prove the disputed land was located in Mlilayoyo Village and that his customary right of occupancy matched the land in question; evidence and locus in quo established the land was in Mageuzi Village and belonged to respondent; burden of proof not discharged by appellant.
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The High Court dismissed a land appeal, holding there was no bias in the tribunal chairperson hearing the matter and that the appellant failed to prove ownership.
The appellant proved that the disputed land belonged to his father, the respondent's father was an invitee, and the respondent was a trespasser. The appellant had locus standi and cause of action. The trial tribunal failed to properly analyze the evidence and erred in dismissing the appellant's claim.
Source excerpt
The High Court at Songea granted a temporary injunction over disputed farm land, finding a prima facie case, irreparable harm, and balance of convenience for the applicant.
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