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Tanzania decisions
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The High Court dismissed an application for interim injunction over disputed land, holding that the applicant failed to show a prima facie case against execution of a Court of Appeal order.
Applicant failed to establish a prima facie case as the respondents acted in execution of a Court of Appeal order, and applicant's claim to the whole plot was already determined. No violation of law or procedure found. Compensation claim is not irreparable loss and can be remedied by damages. Application for injunction dismissed as cumulative conditions not met.
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The appellant's Certificate of Title for Plot No. 8 Block K Miyuji North did not expire in 1986, as the evidence showed continued payment of annual land rent and no statutory notice of revocation was issued. The respondents failed to prove ownership by adverse possession or gift inter vivos, and there was no evidence that Dodoma City Council owned the land. The Tribunal erred in its analysis and findings. The appellant is the lawful owner, and the respondents are trespassers.
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The Court of Appeal set aside ex parte High Court proceedings for denying the applicant a hearing and held the High Court was wrongly moved on the revocation dispute.
The appellants' title to the disputed land was invalid as it was granted when a prior title to Abisai Issawangu subsisted; the respondent's title, based on the priority principle, prevails; procedural objections to the respondent's status as guardian were waived by withdrawal and are not substantive; the existence of two certificates of title in the respondent's name does not create competing interests as both relate to the same offeree after verification.
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The plaintiff is the lawful owner of plot No. 696 block J, Njiro, Arusha, as his certificate of title was registered first and there was no lawful revocation of the predecessor's right of occupancy. The 1st defendant's certificate was issued without proper legal basis, and the 2nd to 5th defendants failed to prove compliance with statutory requirements for revocation. The plaintiff is entitled to compensation for demolished structures and protection from further interference.
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The High Court held that Yuditha B. Lyimo was the lawful owner of the disputed plot, revoked the first defendant’s claim, and ordered issuance of a title.
Failure to join the Registrar of Titles and Director of Survey and Mapping as necessary parties renders the suit incompetent; suit must be struck out.
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Court of Appeal of Tanzania set aside a High Court judicial review ruling after finding the appellant was denied a hearing on the power of attorney issue.
The suit is incompetent for non-joinder of necessary parties, specifically the Registrar of Titles and the Commissioner for Lands, whose presence is essential for the court to pass an effective decree regarding the ownership and title of the suit land.
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