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Tanzania decisions
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The High Court dismissed a land appeal, upholding the respondent’s title to Plot No. 432 Block E, Tungi, and confirming the appellants were trespassers.
The appellant failed to prove encroachment by competent evidence, did not call a land surveyor, and did not establish the size, value, or location of the alleged demolished wall. The respondent had locus standi as he was sued, and the tribunal was not obliged to visit locus in quo or call witnesses for the parties.
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The High Court Land Division dismissed a challenge to a prior tribunal land decision, holding the plaintiffs should have sought revision and that the defendant proved lawful ownership.
The District Land and Housing Tribunal erred by dismissing the application for extension of time without considering the alleged illegality, which is sufficient ground for extension. The appellant complied with the rules by raising the issue of illegality, and all grounds of appeal have merit.
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