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Land law Mange Chuma

Mange Chuma

The appellant failed to strictly prove ownership of the disputed land as required by law, with inconsistencies in pleadings and evidence, and no continuous interest established. The trial tribunal properly analyzed the evidence and the judgment was not illegal for failure to consider assessors’ opinions.

  • Ownership of land
  • Burden of proof
  • Pleadings and evidence
  • Role of assessors in tribunal
  • Adverse possession
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Land law Saku vs Kiselya Appeal final final final

Saku vs Kiselya Appeal final final final

The trial tribunal committed fundamental procedural errors by failing to record and consider assessors’ opinions as required by law, and by awarding reliefs not founded on the parties’ pleadings. These irregularities vitiated the proceedings and resulted in a miscarriage of justice, warranting the quashing of the judgment and a retrial.

  • Ownership of land
  • Pleadings and reliefs
  • Role of assessors in tribunal
  • Burden of proof
  • Procedural irregularities
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Land law consolata daudi mallya vs mathew silayo 2023 tzhc 22618 15 november 2023

consolata daudi mallya vs mathew silayo 2023 tzhc 22618 15 november 2023

The High Court allowed a land appeal, held the appellant’s registered title was conclusive, and found the respondent’s sale-chain title invalid.

  • Registered land ownership
  • Title registration
  • Disposition of right of occupancy
  • Validity of sale agreements
  • Caveat emptor
  • Role of assessors in tribunal
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Land law juma rajabu majaliwa administrator of the estate of late halima issa migala vs rehema juma mikonzi 2023 tzhc 22622 31 october 2023

juma rajabu majaliwa administrator of the estate of late halima issa migala vs rehema juma mikonzi 2023 tzhc 22622 31 october 2023

The High Court dismissed a land appeal, upholding the tribunal’s finding that the respondent owned the disputed 3.5-acre parcel and that no fatal procedural error occurred.

  • Land ownership
  • Adverse possession
  • Procedural irregularities
  • Role of assessors in tribunal
  • Right to be heard
  • Land-law
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Land law azizi mussa abdallah vs ally ahmed sadick 2023 tzhc 21538 29 september 2023

azizi mussa abdallah vs ally ahmed sadick 2023 tzhc 21538 29 september 2023

A land appeal over ownership and boundaries was dismissed after the High Court found the tribunal gave reasons for departing from assessors and rightly visited the locus in quo.

  • Ownership of land
  • Demarcation of land boundaries
  • Role of assessors in tribunal
  • Evidence at locus in quo
  • Appeal procedure
  • Land-law
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Land law ameritha malange vs arusha keha 2023 tzhc 16946 28 april 2023

ameritha malange vs arusha keha 2023 tzhc 16946 28 april 2023

The Respondent proved ownership of the suit land on a balance of probabilities through credible and corroborated oral evidence; the principle of adverse possession was inapplicable but not the basis of the trial tribunal's decision; the trial tribunal complied with legal requirements regarding assessors' opinions; lack of documentary evidence did not defeat the Respondent's claim as the land was village/customary land.

  • Customary land ownership
  • Adverse possession
  • Burden of proof
  • Role of assessors in tribunal
  • Standard of proof in civil cases
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Land law salma hassan mwahimu vs innocent hezron mwaikambo another 2023 tzhclandd 55 28 february 2023

salma hassan mwahimu vs innocent hezron mwaikambo another 2023 tzhclandd 55 28 february 2023

The Tribunal's failure to record and read out the opinion of the assessor, despite proceeding with one assessor, is a fatal procedural irregularity that vitiates the proceedings and renders the judgment and decree a nullity.

  • Mortgage of matrimonial property
  • Role of assessors in tribunal
  • Procedural irregularity
  • Setting aside judgment
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Civil procedure Ruling Miscellaneous Land Application No

Ruling Miscellaneous Land Application No

The applicant demonstrated sufficient cause for extension of time based on two illegalities apparent on the face of the record: the matter being res sub judice and the failure of the Court to declare the lawful owner of the suit land. Although the applicant failed to account for 126 days of delay, the presence of these illegalities warrants the grant of extension of time to file notice of appeal.

  • Extension of time
  • Illegality as ground for extension
  • Res judicata / res sub judice
  • Right to be heard
  • Role of assessors in tribunal
  • Ownership determination
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Land law antary omary kangeta administrator of the estate of late omary kangeta kambi and another vs kangeta kassim kangeta administrator of the estate of the late kassim kange

antary omary kangeta administrator of the estate of late omary kangeta kambi and another vs kangeta kassim kangeta administrator of the estate of the late kassim kange

The appellate court found that the trial tribunal erred in its evaluation of the evidence by focusing on the absence of a title deed and property tax receipts, rather than the uncontroverted testimony that the appellant's father acquired the property and allowed the respondent's family to reside as invitees. The evidence established that ownership remained with the appellant's father, and the respondent's family were licensees, not owners.

  • Ownership of land
  • Licensor and licensee rights
  • Role of assessors in tribunal
  • Burden of proof in land disputes
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Land law oyako olum aboge vs jalango olum airo 2022 tzhc 15293 20 december 2022

oyako olum aboge vs jalango olum airo 2022 tzhc 15293 20 december 2022

The High Court allowed a land appeal, holding that the tribunal failed to properly record, consider, and explain departure from assessors’ opinions.

  • Role of assessors in tribunal
  • Requirement to record and consider assessors' opinions
  • Procedural fairness in land disputes
  • Land-law
  • Tribunal-procedure
  • Assessors-opinions
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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.