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The respondent's evidence was based on expunged exhibits and hearsay, failing the burden of proof. The appellants' evidence was stronger and supported by direct witnesses and valid documents. The DLHT's decision was quashed and the appeal allowed.
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The appellant authorized the 1st respondent to sell the land as evidenced by Exhibit DI, which was properly admitted and not challenged at trial. The tribunal framed proper issues, and the reliefs granted were properly pleaded. The tribunal analyzed the evidence and gave both parties a fair hearing. The grounds of appeal lack merit and the appeal is dismissed.
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High Court land appeal dismissed after the court upheld a finding that the respondent’s land bordered a valley and that the tribunal’s errors caused no failure of justice.
The plaintiff's claims for rent increase and withholding tax from 2015 to 1st February 2021 are time barred and dismissed. The defendant breached the lease agreement by failing to give prior notice of new subtenants, failing to timely pay the 5% rent increase for new subtenants after 2021, and failing to provide proof of payment of withholding tax and stamp duty. The defendant is liable for general damages and must pay or provide proof of payment for withholding tax and stamp duty as per the lease agreement.
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The Respondent failed to prove the loan amount of TZS 30,800,000/=; only TZS 9,190,000/= was proved as advanced and not repaid. The award of general damages was unjustified as no basis was provided. The lack of stamp duty on the loan agreement was an irregularity not affecting the validity of proceedings. Collateral documents not pleaded in the original plaint were expunged. Each party to bear its own costs.
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The applicant raised contentious points of law regarding admissibility and proof of ownership that are fit for consideration by the Court of Appeal. The application meets the legal threshold for granting leave to appeal.
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The appeal lacks merit as the respondent's occupation of the disputed land since 2009, supported by credible witnesses, establishes her ownership by adverse possession. The sale agreement was expunged for lack of stamp duty, but sufficient evidence remains. The appellant's evidence was inconsistent and not credible. Procedural errors at the ward tribunal did not cause injustice.
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High Court land appeal over a disputed plot in Ilala. The court allowed the appeal because an admitted sale agreement should have been regularized for stamp duty before being rejected.
The High Court dismissed a land appeal, holding that the challenged agreement was admissible, the appellant had not proved coercion, and new appeal points could not be entertained.
No sufficient cause was shown for extension of time as the applicant failed to account for each day of delay and the alleged illegalities required long drawn arguments, thus not apparent on the face of the record.
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