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Land appeal dismissed: the appellant failed to prove lawful transfer of the suit property from the original estate, so the title in Boniface Hamisi’s name was not enough.
The DLHT erred by basing its decision on a deed of gift that was not admitted in evidence, resulting in a grave miscarriage of justice. Without admissible proof of ownership by the respondent, the suit land remains part of the deceased's estate.
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The court held that Application No. 62 of 2023 was res judicata to Application No. 249 of 2019 and Land Appeal No. 66 of 2021 because the subject matter, parties (including privies), and issues had been conclusively determined by a competent court, and the doctrine of res judicata precluded re-litigation. The previous appeal had determined ownership on the merits, and the addition or removal of parties did not alter the application of res judicata.
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The evidence of the respondents, supported by probate documents and found credible, established their ownership of the suit lands as part of the estate of the late Gregory Tesha. The appellant's evidence was found to be contradictory and unreliable. There is no legal requirement for corroboration of evidence from blood relatives, nor was the land surveyor a material witness since the dispute was about ownership, not measurement. The appeal lacked merit and was dismissed.
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The High Court dismissed a land appeal, upholding the Tribunal’s finding that the respondent was the lawful owner of the disputed house and that the appellant’s key documents were not genuine.
The applicant failed to demonstrate a manifest error on the face of the record; the alleged errors require re-evaluation of evidence and are not self-evident. The application seeks to re-open the merits of the appeal, which is not permissible under review jurisdiction.
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The District Land and Housing Tribunal lacked jurisdiction to determine ownership of land forming part of a deceased's estate; such matters fall exclusively within the jurisdiction of the probate court.
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The High Court dismissed a land appeal, upholding the tribunal’s finding that the respondent proved ownership through corroborated oral evidence.
The trial tribunal failed to properly evaluate and give reasons for rejecting the appellant's evidence, and the evidence on record established on a balance of probabilities that the disputed land is part of the estate of the late Edna Jackson Mashingia. The appellate court found the appellant's evidence more credible and reliable than that of the respondents.
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The High Court allowed a land appeal, holding that the appellant was denied the right to be heard when his defence case was closed in his absence.
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