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Tanzania Case Law

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Probate Emmanuel Nkinda Mpina vs Mugha Mwigulu Nkinda

Emmanuel Nkinda Mpina vs Mugha Mwigulu Nkinda

The first appellate court erred in awarding eight acres of land to the respondent, as this relief was not pleaded or proved, and the court has no power to distribute the estate; such power lies with the administrator. The probate was closed and the estate distributed. The appeal is allowed.

  • Distribution of deceased's estate
  • Powers of appellate court
  • Relief not prayed for
  • Burden of proof in civil cases
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Land law ELIBARIKI RUMISHA BONIFACE V

ELIBARIKI RUMISHA BONIFACE V

The trial tribunal's procedural errors did not occasion injustice; the evidence established that Plot No. 346 and Plot No. 280 are distinct, and the 1st respondent is the lawful owner of Plot No. 280 Block 'LL' Lubaga. The appellant built on the 1st respondent's plot due to confusion caused by the 2nd respondent, warranting compensation and allocation of another plot to the appellant.

  • Ownership dispute
  • Procedural irregularity
  • Compensation
  • Relief not prayed for
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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.