Kadege Alakara Judgment
The High Court dismissed a land appeal over a 50-acre dispute, finding the appellant had not proved ownership of the land on a balance of probabilities.
- Trespass
- Burden of proof
- Ownership
- Sale agreement
- Locus in quo
- Land-law
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LAND CASE 23423 SCANED
Consent judgment in a land dispute adopted a deed of settlement, recorded the parties’ compromise, and marked the matter settled and withdrawn.
- Sale agreement
- Ownership declaration
- Settlement
- Transfer of property
- Consent-judgment
- Land-dispute
MIsc
The matter was amicably settled by a deed of settlement, which was adopted by the court as a consent judgment, binding all parties and disposing of the suit.
Source excerpt
- Settlement
- Sale agreement
- Injunction
- Rent payment
Land Case No
The value of the subject matter as stated in the plaint is below the threshold required for the High Court's pecuniary jurisdiction under Section 37(1)(a) of the Land Disputes Courts Act; therefore, the court lacks jurisdiction to entertain the suit.
Source excerpt
- Jurisdiction
- Pecuniary jurisdiction
- Declaratory relief
- Sale agreement
- Land ownership
LAND APPEAL NO
The appellant failed to discharge the burden of proof to establish ownership of the disputed land or to disprove rescission of the sale agreement, as oral and documentary evidence showed the sale was rescinded and most of the purchase price refunded. The tribunal was justified in determining the issue of the size of land sold, as it was in contention between the parties.
Source excerpt
- Ownership of land
- Sale agreement
- Burden of proof
- Rescission of contract
- Procedural fairness
zuhura mussa vs anastazia chaha and 3 others 2023 tzhc 23186 6 november 2023
The High Court dismissed a land ownership claim over Plot 457 Block T at Mwilamvya, holding the plaintiff proved no better title than the 1st defendant.
- Ownership of land
- Title to land
- Land allocation
- Sale agreement
- Evidence of ownership
- Land-law
emil mpangamila vs alexander milambo 2023 tzhc 22547 31 october 2023
The respondent proved ownership of the suit land through a valid sale agreement and corroborated evidence, outweighing the appellant's claims. No procedural or legal errors were found in the trial tribunal's decision, and the appellant failed to substantiate his grounds of appeal.
Source excerpt
- Adverse possession
- Sale agreement
- Burden of proof
- Limitation of actions
- Trespass
- Evidence assessment
reinfrida skeeter emmanuel as legal representative of emmanuel stanslaus mbando vs milachem tanzania limited 2023 tzhclandd 17056 27 october 2023
Land appeal over a sale agreement: the High Court upheld specific performance and ownership orders, but quashed an unsupported award of specific damages.
- Specific performance
- Sale agreement
- Administrator's authority
- Beneficiary consent
- Damages
- Relief specification
gloria paul kessy vs andrew obunde 2 others 2023 tzhclandd 17105 24 october 2023
The High Court dismissed a land appeal, finding the appellant failed to prove title and that the 2nd respondent had been allocated the land by village council.
- Ownership
- Sale agreement
- Allocation of village land
- Burden of proof
- Admissibility of evidence
- Land-law
juma hasan luvasile administrator of the estate of the late hasan said luvasile vs mashangilio chusi 2 others 2023 tzhc 19241 25 july 2023
The appellant failed to prove on the balance of probabilities that the 1st respondent used land other than that which was sold to him, and the tribunal correctly dismissed the application as the evidence supported the respondents' case.
Source excerpt
- Ownership of land
- Sale agreement
- Burden of proof
- Admissibility of evidence
- Procedural irregularities
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