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Tanzania decisions
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High Court land appeal dismissed after finding the appellants failed to prove ownership or tenancy in common and that the sale by the 1st respondent was lawful.
The Plaintiff and Defendant entered into a joint venture agreement for acquisition of the suit property, with Plaintiff entitled to 49% and Defendant 51% ownership. The property must be registered as tenancy in common reflecting these shares, as Plaintiff contributed majority of funds and Defendant failed to include Plaintiff in registration. The law mandates occupancy in common for non-spouses without court leave.
Source excerpt
The High Court upheld the will and held that the family house remained jointly shared by the heirs, not subject to sale or partition without consent.
The High Court of Tanzania held that the parties’ joint venture created tenancy in common for a 47-year residual term, ordered title processing, and rejected damages.
The High Court allowed a succession appeal and restored the Primary Court order, holding that a deceased daughter's share in inherited property passes to her children.
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