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Tanzania Case Law

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Civil procedure Jdg Land Appeal No

Jdg Land Appeal No

The District Land and Housing Tribunal lacked jurisdiction to determine disputes arising from inheritance and administration of estates, as such matters fall exclusively within the jurisdiction of probate courts. Consequently, the tribunal's proceedings and judgment are null and void.

  • Jurisdiction
  • Probate and administration
  • Inheritance disputes
  • Nullity of proceedings
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Land law Judgment LAURENT LITO MSULA v DEOGRATIAS KUMALIJA and 4 others

Judgment LAURENT LITO MSULA v DEOGRATIAS KUMALIJA and 4 others

The suit was struck out for non-joinder of the administrator of estate of Magreth Luhedeka, who was a necessary party as the alleged seller of the disputed land. Without her or her administrator as a party, the court could not properly determine the legality of the 1st defendant's ownership.

  • Joinder of parties
  • Ownership of land
  • Probate and administration
  • Title deeds
  • Burden of proof
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Land law PASILD MBOYA edited2

PASILD MBOYA edited2

The sublease was invalid for lack of written consent from the lessor as required by law; the outstanding rent is to be calculated at the contractual rate from 1st November 2021, not at the market rate; procedural irregularities did not vitiate the proceedings; removal of goods and final orders were proper as temporary injunctions do not preclude final relief.

  • Lease and sublease
  • Breach of contract
  • Probate and administration
  • Procedural irregularities
  • Rent recovery
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Land law Mathias Maire

Mathias Maire

The High Court dismissed a land appeal, holding that a surviving spouse who jointly acquired land with her late husband had locus standi to sue and proved ownership.

  • Ownership of land
  • Locus standi
  • Joint property of spouses
  • Probate and administration
  • Standard of proof
  • Land-law
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Probate JOSEPH K

JOSEPH K

The District Court lacked jurisdiction to proceed with the probate matter after the caveat was entered and the estate value exceeded fifteen thousand shillings; all proceedings and orders from that point were null and must be quashed.

  • Jurisdiction of district court
  • Probate and administration
  • Revisionary powers
  • Nullity of proceedings
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Civil procedure judgment LETICIA LUCAS NTEMI

judgment LETICIA LUCAS NTEMI

The High Court held that the Primary Court lacked jurisdiction over a civil claim for compensation tied to developments on land in a deceased’s estate, and quashed the lower-court proceedings.

  • Jurisdiction of primary courts
  • Land disputes
  • Probate and administration
  • Compensation for developments
  • Jurisdiction
  • Primary-courts
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Land law david yombayomba vs asha mwasa 2024 tzhclandd 58 29 february 2024

david yombayomba vs asha mwasa 2024 tzhclandd 58 29 february 2024

The High Court held that the Ward Tribunal lacked adjudicatory jurisdiction after the 2021 amendment and that the respondent lacked locus standi without letters of administration.

  • Jurisdiction of ward tribunals
  • Locus standi
  • Probate and administration
  • Nullity of proceedings
  • Ward-tribunal-jurisdiction
  • Locus-standi
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Land law mashaka halifa kimolo another vs narsis frederick mrema suing as the administrator of the estate of frederick tengia mrema 2024 tzhclandd 63 28 february 2024

mashaka halifa kimolo another vs narsis frederick mrema suing as the administrator of the estate of frederick tengia mrema 2024 tzhclandd 63 28 february 2024

The High Court dismissed a land appeal, holding that the appellants failed to prove lawful authority to sell the disputed land or pass good title.

  • Title to land
  • Power of attorney
  • Validity of sale agreements
  • Probate and administration
  • Land-law
  • Power-of-attorney
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Civil procedure juma saidi luhombero another vs asha hamad luhombero 2024 tzhc 110 15 january 2024

juma saidi luhombero another vs asha hamad luhombero 2024 tzhc 110 15 january 2024

The High Court granted the applicants 30 days to seek certification of a point of law for an intended appeal, finding the application was within time and the delay was explained.

  • Extension of time
  • Limitation period
  • Appeal procedure
  • Illegality as ground for extension
  • Land ownership
  • Probate and administration
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.