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Tanzania decisions
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The High Court at Tanga allowed a land appeal, expunged Exhibit R1, set aside the tribunal decision, and declared the appellant the lawful owner.
The High Court partly allowed the land appeal, quashed the tribunal’s decision, and ordered a retrial de novo because of interpreter and land-identification defects.
The respondent proved ownership of the disputed land by adducing consistent, cogent, and corroborated evidence tracing title from his late mother, while the appellant failed to prove acquisition by gift inter vivos due to lack of supporting witnesses or documentation. The trial tribunal properly exercised its discretion in declining to visit the locus in quo, as there was no dispute over boundaries or physical features. The appeal lacked merit and was dismissed with costs.
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Applicants failed to establish a prima facie case as they did not provide evidence of ownership of the disputed land. Without proof of ownership, irreparable loss and balance of convenience cannot be established. All conditions for granting Mareva injunction must be met, and applicants failed to satisfy them.
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The High Court dismissed a land appeal over a disputed 3-acre parcel, holding the appellant had not proved lawful allocation and that clan leaders lacked authority to distribute estate land.
The High Court’s Land Division dismissed the suit for want of prosecution after neither party appeared and the plaintiff had not diligently pursued the case.
Land appeal dismissed: the appellant failed to prove ownership, and the court upheld the sale of the land in execution of a decree against the husband.
The parties mutually agreed to settle all claims regarding Plot No. 41 Block 'C' Uhuru Street, Morogoro, with the Plaintiff relinquishing all rights and claims in exchange for monetary consideration and allocation of alternative plots, and the court recorded the settlement as a binding consent judgment.
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The preliminary objections on pecuniary jurisdiction and limitation are meritless; the High Court has jurisdiction due to the value of the land and the amended section 13 CPC; the application is not time barred as ownership claims are not subject to the three-year limitation for tortious acts; the applicant established a prima facie case, risk of irreparable harm, and greater hardship, warranting an interim order to maintain status quo pending determination of the main suit.
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The High Court set aside a land tribunal decision that treated disputed lands as matrimonial property, and remitted the case for additional evidence.
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