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Tanzania decisions
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High Court land appeal dismissed. The court held the appellant failed to prove a gift of land, upheld the tribunal’s use of one assessor, and found no need for locus in quo.
The appellant failed to prove ownership of the disputed land to the required standard, as his evidence contradicted his pleadings and failed to call material witnesses. The Tribunal properly considered the assessors’ opinions and gave reasons for differing. The appellant lacked locus standi regarding part of the land, and the claim that the late Maiko Robert was an invitee was not substantiated.
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The High Court nullified land tribunal proceedings for defective assessor composition, set aside the judgment and decree, and ordered a retrial.
The High Court allowed a land appeal, quashed the tribunal’s decision for unclear assessor involvement, and remitted the matter for retrial before a new chairperson and assessors.
The High Court nullified a district land tribunal judgment for fatal procedural irregularities, including improper recording of evidence and irregular changes of assessors, and ordered a retrial.
The proceedings of the District Land and Housing Tribunal were vitiated by serious irregularity due to failure to ensure both assessors' written opinions were read to the parties and made part of the record, rendering the judgment and decree a nullity.
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The appeal was dismissed because all grounds lacked merit: the issue of admissibility of exhibits was not raised in lower courts and appellants had opportunity to object; evidence was properly analyzed; assessors' opinions were recorded and judgment signed by them; books of accounts were not relied upon for the award; and the respondent's representatives had locus standi as their appointment was part of the pleadings.
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The High Court upheld a land tribunal decision dismissing an administrator’s claim to 15 acres, finding the deceased’s ownership was not proved and no site visit was required.
The Chairman of the District Land and Housing Tribunal failed to comply with procedural requirements by disregarding assessors' opinions without reasons and by deciding on adverse possession without hearing the parties, resulting in a miscarriage of justice and violation of fair hearing.
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The High Court dismissed a reference challenging taxation of costs, holding that assessors were not required in the bill of costs proceedings and receipts were not mandatory proof of instruction fees.
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