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Tanzania decisions
Decisions matching the current search
A Tanzanian High Court land case partly enforced an earlier judgment on admission, but dismissed the plaintiff’s remaining compensation and damages claims for lack of proof.
The failure to join Mbeya Municipal Council, the land allocation authority, as a necessary party was a fundamental procedural error that vitiated the proceedings and judgment of the District Land and Housing Tribunal. Without joining the necessary party, the tribunal could not properly determine the dispute or afford all interested parties the right to be heard.
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The High Court held that SHUWASA lawfully owned the disputed land at Mwalugoye, found the defendants to be trespassers, and ordered demolition and vacant possession.
The Court of Appeal dismissed an application to review its earlier land decision, holding the grounds were really an attempt to re-argue the appeal.
The High Court granted a temporary injunction in a land dispute, preserving the applicant’s occupation and protecting coconut trees pending determination of the main suit.
The High Court held that the plaintiff lawfully owned the land, and TANROADS’ demolition was unlawful because statutory acquisition and compensation procedures were not followed.
The High Court upheld a mortgage sale by public auction, rejected objections over the auction process and evidence, and dismissed the appeal.
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 Commissioner for Lands and Registrar of Titles are necessary parties to the suit as the reliefs sought directly concern the issuance and registration of the certificate of title; their absence renders the suit incompetent.
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The High Court dismissed an ex parte land claim over Plot No. 329 in Mbezi, finding the plaintiff failed to prove entitlement and that the court lacked power to allocate land.
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