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Tanzania decisions
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The High Court allowed the appeal, set aside the tribunal’s striking-out order, and held the pleadings disclosed trespass, not breach of lease.
The High Court at Tanga allowed a land appeal, expunged Exhibit R1, set aside the tribunal decision, and declared the appellant the lawful owner.
The High Court’s Land Division dismissed the suit for want of prosecution after neither party appeared and the plaintiff had not diligently pursued the case.
The High Court dismissed a land appeal over a 50-acre dispute, finding the appellant had not proved ownership of the land on a balance of probabilities.
The High Court held that Engusero Sidani’s village land use plan existed but was made without required village council involvement, so it was not enforceable.
Appellant failed to prove ownership of the disputed land by oral or documentary evidence; burden of proof not discharged as required by law.
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The preliminary objections on pecuniary jurisdiction and limitation are meritless; the High Court has jurisdiction due to the value of the land and the amended section 13 CPC; the application is not time barred as ownership claims are not subject to the three-year limitation for tortious acts; the applicant established a prima facie case, risk of irreparable harm, and greater hardship, warranting an interim order to maintain status quo pending determination of the main suit.
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Plaintiff holds a valid certificate of occupancy and title deed; 1st defendant lacks legal documentation of ownership. No evidence of fraud or unlawful acquisition by plaintiff. Plaintiff is the lawful owner.
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The High Court dismissed an appeal over disputed land, holding that the appellant had encroached beyond his inherited 0.75 acres and that the tribunal's result stood.
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.
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