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Tanzania decisions
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The High Court nullified lower tribunal decisions in a land dispute for insufficient evidence on the land’s size and boundaries, while rejecting a challenge over an assessor’s absence.
The High Court allowed a land appeal after finding no written ruling on a preliminary objection before the tribunal. It set aside the tribunal decision and remitted the matter.
The High Court set aside a land tribunal judgment for procedural irregularities, including failure to start afresh after takeover and failure to consider assessors’ opinions.
The appeal was struck out because the application before the District Land and Housing Tribunal was filed incompetently, bypassing the proper appellate process from the Ward Tribunal, amounting to abuse of legal process.
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The chairman’s failure to take into account the assessors’ opinions in the judgment is a fatal irregularity that vitiates the judgment, requiring nullification and remittal for proper judgment composition.
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The High Court nullified a tribunal settlement order after finding the deed was recorded without all parties’ participation and in violation of the right to be heard.
The High Court dismissed a land appeal over about two acres at Buhilima, finding the appellant had not proved ownership on a balance of probabilities.
There was no illegality or irregularity in the tribunal's proceedings or order, as the applicant was properly informed of the change in chairperson and had no right to insist on a specific adjudicator. The dismissal of the application was justified due to the applicant's refusal to proceed.
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The appellant's grounds of appeal lacked merit as the dispute was a private arrangement between individuals, not requiring testimony from Mamlaka ya Mkonge Ubena, and the Tribunal's decision was supported by the evidence and proper procedure.
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The Tribunal did not err in dismissing the suit as time barred since the issue arose from evidence and not suo motu; however, it erred in declaring the Respondent adverse possessor as such relief is within the exclusive jurisdiction of the High Court and was not pleaded. The omission to record assessors' opinion was not fatal as the matter was determined on a point of law.
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