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Tanzania Case Law

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Land law RULING ISSA NDUMA ON NECESSARY PARTY

RULING ISSA NDUMA ON NECESSARY PARTY

Court
TANZLII

There is no need to join the Commissioner for Lands, Registrar of Titles, or Attorney General as necessary parties because the pleadings do not seek relief against them, nor do they raise issues regarding allocation or registration of the land. The dispute is solely between the plaintiffs and the 1st defendant over entitlement to the suit premises, and the court can adjudicate the matter effectively without the absent parties.

Source excerpt

  • Joinder of parties
  • Preliminary objection
  • Registered land
  • Declaratory relief
  • Fraud
  • Fiduciary duty
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Civil procedure land case no

land case no

Court
TANZLII

Failure to join necessary parties at the time of filing renders the suit incompetent and warrants striking out rather than amendment.

Source excerpt

  • Joinder of necessary parties
  • Amendment of pleadings
  • Registered land
  • Procedural competence
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Land law TIJANI TIJANI SCANNED

TIJANI TIJANI SCANNED

Court
TANZLII

The suit is incompetent for failure to join the Director of Survey and Mapping, Commissioner for Lands, and Registrar of Titles as necessary parties, as the reliefs sought directly involve their statutory functions.

Source excerpt

  • Non-joinder of necessary parties
  • Registered land
  • Survey and registration
  • Striking out suit
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Land law said ally mollel vs grace zablon liza administrator of the estate of the late ernest zablon 2023 tzhc 23682 21 december 2023

said ally mollel vs grace zablon liza administrator of the estate of the late ernest zablon 2023 tzhc 23682 21 december 2023

Court
TZHC

The executing tribunal misdirected itself by assuming appellate or revisional powers and nullifying the decree of the ward tribunal during execution, which is not permitted by law. Jurisdictional challenges to the original tribunal's decision must be raised by appeal or revision, not during execution.

Source excerpt

  • Jurisdiction of tribunals
  • Execution of decrees
  • Registered land
  • Appellate procedure
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Civil procedure ramadhani athumani chande vs another vs kamal alloys ltd 2023 tzhclandd 17254 21 november 2023

ramadhani athumani chande vs another vs kamal alloys ltd 2023 tzhclandd 17254 21 november 2023

Court
TANZLII

The preliminary objection does not qualify as a pure point of law because whether the land is registered or not requires evidence, and the property is sufficiently described in the plaint as per Order VII Rule 3 of the Civil Procedure Code.

Source excerpt

  • Description of property in plaint
  • Preliminary objection
  • Registered land
  • Order vii rule 3 cpc
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Civil procedure galla kaya samjela vs remy mutamba ngoie 3 others 2022 tzhccomd 375 18 november 2022

galla kaya samjela vs remy mutamba ngoie 3 others 2022 tzhccomd 375 18 november 2022

Court
TZHCCOMD

The High Court dismissed an objection to attachment, holding the applicant failed to prove an interest or possession in the attached registered property.

  • Objection proceedings
  • Execution of decree
  • Attachment of property
  • Proof of ownership
  • Registered land
  • Objection-proceedings
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Civil procedure CIVIL APPEAL NO 263 OF 2022 KASSIM MANSOOR MALLYA ANOTHER VS KULUTHUM ABU MALLYA

CIVIL APPEAL NO 263 OF 2022 KASSIM MANSOOR MALLYA ANOTHER VS KULUTHUM ABU MALLYA

Court
TANZLII

Failure to determine the preliminary objection on res judicata was a fundamental procedural irregularity that vitiated all subsequent proceedings and judgments. The omission required nullification of the proceedings and remittal to the Tribunal for proper determination of the preliminary objection.

Source excerpt

  • Limitation of actions
  • Adverse possession
  • Jurisdiction
  • Preliminary objection
  • Inheritance
  • Registered land
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Property law nicolas selestine mtei vs zena humudi salum 2020 tzhclandd 14 23 march 2020

nicolas selestine mtei vs zena humudi salum 2020 tzhclandd 14 23 march 2020

Court
TANZLII

The plaintiff failed to establish the defendant's title to the suit property and the unregistered construction agreement cannot be relied upon to convey interests in registered land; therefore, no cause of action is disclosed.

Source excerpt

  • Registered land
  • Specific performance
  • Contract admissibility
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Land law attorney general vs mwahezi mohamed others 2020 tzca 27 26 february 2020

attorney general vs mwahezi mohamed others 2020 tzca 27 26 february 2020

Court
TZCA

The appellant failed to prove acquisition of the suit property under adverse possession due to non-compliance with statutory procedures for registered land. The respondents established lawful ownership through probate and registration, corroborated by documentary evidence and official records.

Source excerpt

  • Adverse possession
  • Registered land
  • Probate
  • Ownership dispute
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.