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Tanzania Case Law

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Land law JUDGMENT ROMUALD MATERU edited

JUDGMENT ROMUALD MATERU edited

Plaintiff is the lawful owner of Plots 37 and 38 and the unsurveyed half-acre; the 2012 survey was not illegal as notice and participation were established; only the 2nd defendant encroached by one foot, not the 1st defendant; plaintiff must surrender old titles to receive new ones for resurveyed plots; compensation for the acquired half-acre must be assessed and paid; general damages are denied due to plaintiff's lack of cooperation.

  • Land ownership
  • Compensation for compulsory acquisition
  • Trespass
  • Survey and resurvey procedures
  • Title registration
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Land law winstone safii

winstone safii

The 1st respondent proved ownership of the disputed land on balance of probabilities through corroborated testimony, while appellant and 3rd respondent failed to establish valid title due to lack of evidence on prior acquisition and defective sale agreements; certificate of title obtained during proceedings does not override prior interests.

  • Ownership
  • Burden of proof
  • Necessary parties
  • Title registration
  • Sale agreement validity
  • Capacity to own land
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Land law 9283 of 2024 scanned

9283 of 2024 scanned

DLHT correctly dismissed appellant's claim as title was acquired by unlawful means; however, order to surrender certificate of title was not pleaded and is set aside.

  • Ownership
  • Title registration
  • Pleadings
  • Relief
  • Evidence evaluation
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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 msafiri jumanne mashaka vs bulugu jumanne yamliga and another 2023 tzhc 21537 31 august 2023

msafiri jumanne mashaka vs bulugu jumanne yamliga and another 2023 tzhc 21537 31 august 2023

The High Court granted an application to rectify the land register and substitute the applicant’s name for the respondents’ names after a public auction purchase.

  • Rectification of land register
  • Title registration
  • Nonappearance of respondent
  • Execution of probate orders
  • Land-law
  • Rectification-of-land-register
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Land law james marwa mahando vs ben m ngereza 2023 tzhc 21646 14 july 2023

james marwa mahando vs ben m ngereza 2023 tzhc 21646 14 july 2023

The High Court declared the plaintiff owner of three Mabwepande plots, found the defendant a trespasser, and awarded TZS 20 million in general damages.

  • Land ownership
  • Trespass
  • Title registration
  • General damages
  • Permanent injunction
  • Land-ownership
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Land law jacqueline jonathan mkonyi another vs gausal properties limited 2023 tzca 17326 12 june 2023

jacqueline jonathan mkonyi another vs gausal properties limited 2023 tzca 17326 12 june 2023

Respondent established ownership by tracing title from original customary owner through oral and documentary evidence; registration and survey alone do not confer title without proof of acquisition. Prior judgment did not bind respondent as she was not a party. Appellants failed to prove chain of title. Appeal dismissed.

  • Ownership dispute
  • Title registration
  • Tracing of ownership
  • Res judicata
  • Survey and registration procedures
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Land law sogecoa tanzania limited vs sylvia simoyo saidi namoyo administratrix of the estate of said namoyo 2023 tzhclandd 15779 30 march 2023

sogecoa tanzania limited vs sylvia simoyo saidi namoyo administratrix of the estate of said namoyo 2023 tzhclandd 15779 30 march 2023

The High Court held that Sogecoa Tanzania Limited proved title to Plot No. 2129, Block A, Makongo Juu. The defendant’s counterclaim for trespass failed.

  • Ownership of land
  • Title registration
  • Trespass
  • Burden of proof
  • Damages
  • Injunctions
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Land law abdallah omary ndogondogo 5 others vs soap and allied industry 4 others 2023 tzhclandd 15735 30 march 2023

abdallah omary ndogondogo 5 others vs soap and allied industry 4 others 2023 tzhclandd 15735 30 march 2023

The High Court held that the plaintiffs failed to prove ownership of the disputed land and that the 1st defendant proved registered title to Farm No. 271.

  • Land ownership
  • Customary rights
  • Title registration
  • Compensation for demolition
  • Trespass
  • Eviction
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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.