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Land law 87

87

The respondent failed to prove purchase and ownership of the disputed land as he did not produce a sale agreement, credible witnesses, or evidence that the seller had good title; the appellant's evidence was more convincing and supported by witnesses, thus the appeal is allowed and the DLHT decision is quashed.

  • Ownership dispute
  • Evidence evaluation
  • Customary right of occupancy
  • Transfer of land
  • Burden of proof
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Property law saada osman vs prema sarah lalji others 2023 tzca 17790 3 november 2023

saada osman vs prema sarah lalji others 2023 tzca 17790 3 november 2023

Court of Appeal of Tanzania upheld dismissal of a land dispute appeal, holding the suit was about trust property, the power of attorney was valid, and the transferees were lawful owners.

  • Power of attorney
  • Trust property
  • Limitation of actions
  • Transfer of land
  • Registration of documents
  • Fraud allegations
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Property law wilmar tanzania limited vs dipsi conpro limited 2023 tzhclandd 16966 29 september 2023

wilmar tanzania limited vs dipsi conpro limited 2023 tzhclandd 16966 29 september 2023

The High Court declared Wilmar Tanzania Limited the lawful owner of disputed land after finding it paid the full purchase price and the defendant failed to transfer title or deliver possession.

  • Transfer of land
  • Breach of contract
  • Ownership determination
  • Transfer-of-land
  • Breach-of-contract
  • Ownership-determination
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Civil charles riwa marealle administrator of the estate of the late robert mushi marelle vs lady anna lisso maganda as administratrix of the estate of the late obadi lukona

charles riwa marealle administrator of the estate of the late robert mushi marelle vs lady anna lisso maganda as administratrix of the estate of the late obadi lukona

Refusal to sign transfer documents alone does not constitute a cause of action on land dispute; the plaint failed to state the defendant's status regarding the property and failed to establish a wrongful act by the defendant. The plaintiff's grievances appear directed at the Commissioner for Lands, not the defendant.

  • Cause of action
  • Limitation of time
  • Transfer of land
  • Estate administration
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Land law Judgement Land Case Appeal No

Judgement Land Case Appeal No

The evidence established that the 1st respondent was the owner of the suit land and sold it to the 2nd respondent, whose interest remained valid despite incomplete transfer. The appellant failed to prove ownership or connection to the suit land. Grounds of appeal lacked merit and were dismissed.

  • Locus standi
  • Right of occupancy
  • Transfer of land
  • Evaluation of evidence
  • Framing of issues
  • Visit to locus in quo
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Land law juma yusufu myella vs linda abdul manu 2021 tzhclandd 765 29 october 2021

juma yusufu myella vs linda abdul manu 2021 tzhclandd 765 29 october 2021

The respondent, having purchased the suit land first and obtained approval of disposition from the Commissioner for Lands, had a better title than the appellant. The seller, Juma Said Jongo, had already transferred his interest to the respondent in 2010 and could not pass any valid title to the appellant in 2018. The issuance of the Certificate of Title to the appellant was void as it was based on non-existing rights. The principle of priority and nemo dat quod non habet applied, rendering the appellant's claim meritless.

  • Ownership of land
  • Priority of title
  • Transfer of land
  • Title deed validity
  • Nemo dat quod non habet
  • Principle of priority
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Property law juma yusu myela vs linda abdul manu 2021 tzhclandd 6720 29 october 2021

juma yusu myela vs linda abdul manu 2021 tzhclandd 6720 29 october 2021

The High Court dismissed a land appeal, holding that the respondent was the earlier purchaser and lawful owner of the plot under the priority principle.

  • Ownership dispute
  • Priority of title
  • Transfer of land
  • Approval of disposition
  • Title deed validity
  • Land-law
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Land law ahmad juma vs nkema jonathan 2021 tzhclandd 554 21 september 2021

ahmad juma vs nkema jonathan 2021 tzhclandd 554 21 september 2021

Second land appeal dismissed after the High Court found sufficient evidence that the appellant had consented to transfer the disputed land.

  • Transfer of land
  • Consent to transfer
  • Evidence evaluation
  • Ownership dispute
  • Land-law
  • Transfer-of-land
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Land law gloria paul kessy vs andrew obunde 2 others 2021 tzhclandd 788 30 july 2021

gloria paul kessy vs andrew obunde 2 others 2021 tzhclandd 788 30 july 2021

The District Land and Housing Tribunal's judgment was fundamentally irregular and improper because the opinions of assessors were not recorded in writing nor read in the presence of the parties, rendering the judgment null and void.

  • Ownership of land
  • Transfer of land
  • Admissibility of evidence
  • Role of assessors in tribunal
  • Procedural irregularity
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Land law gloria paul kessy vs andrew obunde 2 others 2021 tzhclandd 302 28 july 2021

gloria paul kessy vs andrew obunde 2 others 2021 tzhclandd 302 28 july 2021

The proceedings and judgment of the District Land and Housing Tribunal were fundamentally irregular due to failure to record and consider assessors' written opinions as required by law, rendering the judgment improper and necessitating a retrial before a different Chairperson and the same set of assessors.

  • Ownership of land
  • Transfer of land
  • Admissibility of evidence
  • Role of assessors
  • Procedural irregularity
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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.