Tanzania Case Law

Final Ruling Zawadi Maseke

Court

TANZLII

Objection proceedings under Order XXI Rule 57(1) CPC are available to non-parties alleging interest or possession in attached property. The applicants provided prima facie evidence of ownership and possession, sufficient for summary proceedings. The priority principle is not determinative in execution proceedings; the main inquiry is whether the property belongs to the judgment debtor. The applicants' properties are to be excluded from execution.

Source excerpt

• Objection proceedings
• Execution of decree
• Third party claims
• Priority of title
• Possession and ownership

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zebra international enterprises limited vs anthony mrisho ngai others 2024 tzca 142 28 february 2024

Court

TZCA

The Court of Appeal dismissed a land appeal, holding that the appellant’s 1986 allocation had been superseded by a later approved survey and reallocation.

• Allocation of land
• Priority of title
• Survey plans
• Customary right of occupancy
• Pleadings
• Evidence

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joachim ndelembi vs maulid m mshindo and others 2023 tzca 158 29 march 2023

Court

TZCA

The Court of Appeal upheld concurrent findings that the respondents had better title to the land and dismissed the appellant's challenge to the village allocation.

• Ownership of land
• Allocation by village council
• Priority of title
• Burden of proof
• Compensation for land
• Oral evidence in land disputes

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peter joseph swai vs hilder emmanuel makelemo administratrix of the estate of the late emmanuel lazaro makelemo 2022 tzhclandd 12580 22 november 2022

Court

TANZLII

The High Court held that the plaintiff was the lawful owner of Plot No. 8 Block B Ununio, declared the defendant's title void, and granted a permanent injunction.

• Double allocation of land
• Priority of title
• Right of occupancy
• Certificate of title
• Burden of proof
• Fraud and forgery in land transactions

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sheila senyoni vs halima ramadhani 3 others 2022 tzhclandd 12603 18 november 2022

Court

TANZLII

The appellant's seller, Rashid Ally Mkamba, did not have good title to the land as he failed to show how he derived title from the original owner, Ally Mkamba, who had already sold the land in 1975 to the 1st respondent's husband. The 1st respondent, as successor, had a better title by operation of law and priority in time. The Tribunal correctly applied the priority principle, and the appellant's claim was without merit.

Source excerpt

• Priority of title
• Land ownership
• Trespass
• Sale of land
• Title transfer
• Ratification of sale

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gaspar albert komoro vs mushi said mkumba 2022 tzhclandd 716 25 july 2022

Court

TANZLII

The appellant, having purchased the suit land in 2015, acquired a better title than the respondent who purchased in 2019, based on the principle of priority in land law. The evidential value of the respondent's sale agreement was questionable due to lack of clear witness signatures, and the balance of probabilities favored the appellant.

Source excerpt

• Priority of title
• Sale of land
• Evidence evaluation
• Necessary parties

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aidan george nyongo vs magesse machenja others 2022 tzca 101 9 march 2022

Court

TZCA

The first respondent's title is superior because the original offer to Subira Kasimbilo was never lawfully revoked; subsequent allocations and titles to others, including the appellant, are null and void. Revocation requires written notice, which was not proven. The trial judge's findings on ownership, developments, and damages are upheld.

Source excerpt

• Title to land
• Revocation of right of occupancy
• Priority of title
• General damages
• Injunction

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ally musa mgulu and another vs peter peter junior and 3 others 2022 tzhc 12616 31 august 202

Court

TZHC

Plaintiffs failed to establish material evidence connecting them to possession or ownership of the disputed land. No original documents or credible proof of purchase or subsequent sale were produced. Defendants' claims not countered by plaintiffs. Court cannot determine ownership among defendants due to absence of counterclaims. Plaintiffs' suit dismissed for want of proof.

Source excerpt

• Land ownership
• Trespass
• Priority of title
• Burden of proof

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johnson leonard mahururu vs emmanuel john nchimbi and 3 others 2022 tzhc 12613 31 august 202

Court

TZHC

The plaintiff failed to establish that the vendor had lawful title to the disputed plot; the 1st defendant lawfully obtained the land through proper application, payment, and allocation by the Commissioner for Lands, making him the rightful owner.

Source excerpt

• Ownership of surveyed land
• Certificate of occupancy
• Due diligence in land transactions
• Validity of land sale
• Priority of title

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juma yusufu myella vs linda abdul manu 2021 tzhclandd 765 29 october 2021

Court

TANZLII

The respondent, having purchased the suit land first and obtained approval of disposition from the Commissioner for Lands, had a better title than the appellant. The seller, Juma Said Jongo, had already transferred his interest to the respondent in 2010 and could not pass any valid title to the appellant in 2018. The issuance of the Certificate of Title to the appellant was void as it was based on non-existing rights. The principle of priority and nemo dat quod non habet applied, rendering the appellant's claim meritless.

Source excerpt

• Ownership of land
• Priority of title
• Transfer of land
• Title deed validity
• Nemo dat quod non habet
• Principle of priority

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