Tanzania Case Law

land appeal No

Court

TANZLII

The Tribunal had pecuniary jurisdiction as the pleaded claim was TZS 4,000,000; it had jurisdiction to award damages arising from unlawful eviction as a civil wrong; exhibit P8 was properly admitted when the correct original was produced; construction costs were sufficiently pleaded and covered by general reliefs; exhibit P8 constituted a valid lease agreement; and the Tribunal considered and evaluated the Appellant's evidence. The appeal lacked merit and was dismissed in its entirety.

Source excerpt

• Pecuniary jurisdiction
• Unlawful eviction
• Lease agreements
• Admissibility of evidence
• Award of damages
• Relief beyond pleadings

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abbas ally athuman bantulaki another vs kelvin victor mahity 2022 tzca 509 18 august 2022

Court

TZCA

The Court of Appeal held that an administrator’s sale of estate land was invalid because statutory requirements were not met, and it rejected relief beyond the pleadings.

• Validity of sale by administrator
• Title to land
• Fiduciary duties of administrator
• Relief beyond pleadings
• Mortgage validity
• Estate-land-sale

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halima m khalifa vs regina raymond mallya and2 others 2021 tzhclandd 494 24 september 2021

Court

TANZLII

The High Court partly allowed a land appeal, setting aside a tribunal relief order that granted relief beyond the pleadings while leaving other findings intact.

• Joint ownership
• Sale of property
• Burden of proof
• Relief beyond pleadings
• Role of assessors
• Irregularity in proceedings

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