Tanzania Case Law

mudy jafarijuma jestina filipo ntabiliho vs said shabani lugusha 2023 tzhc 19150 21 july 2023

Court

TZHC

The appeal was dismissed because the issue of non-joinder was not newly raised but was present in the record, and the failure to join necessary parties (village council and vendor) rendered the original proceedings improper and a miscarriage of justice. The District Land and Housing Tribunal was correct to quash the Ward Tribunal's proceedings and require proper joinder before re-filing.

Source excerpt

• Joinder of parties
• Right to be heard
• Evaluation of evidence
• Usufructuary rights
• Jurisdiction of tribunals

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Judgement Land Appeal No

Court

TANZLII

The sale agreement between the 1st and 2nd respondents was void as it was not approved by the village council and was executed contrary to statutory requirements. The appellant failed to prove exclusive ownership or right to the suit land, and the evidence did not establish that the 1st respondent had title to pass. The minors shall continue to use the suit premises as before the purported sale.

Source excerpt

• Locus standi
• Validity of sale agreements
• Usufructuary rights
• Guardianship of minors
• Burden of proof
• Village land transactions

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19890911 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a land appeal, holding that the respondent’s long, uncontested occupation and cultivation of virgin land under customary law supported his title.

• Adverse possession
• Usufructuary rights
• Customary land tenure
• Prescription
• Estoppel
• Customary-land-tenure

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N

Court

TZHC

The High Court dismissed an appeal over a disputed will book, holding the appellant had no entitlement to it and that his mother could not dispose of the land by will.

• Testamentary succession
• Inheritance rights
• Usufructuary rights
• Succession
• Inheritance-rights
• Usufructuary-rights

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19710602 TZHC Mwanza

Court

TZHC

The High Court held that a respondent could not validly bequeath clan land by will where only a usufructuary interest existed and redemption money had not been refunded.

• Clan land
• Inheritance
• Usufructuary rights
• Bequest validity
• Succession
• Customary-law

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19700428 TZHC Mwanza4

Court

TZHC

Second appeal over Haya customary succession to clan land and a house. The court held the widow’s usufructuary right continued until death or remarriage.

• Inheritance of clan land
• Usufructuary rights
• Customary law application
• Division of property
• Succession
• Customary-law

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19700428 TZHC Mwanza3

Court

TZHC

The widow retains usufructuary rights to her portion of the shamba until death or remarriage; appellant acts as guardian but does not possess the property in his own right. The house should be divided if possible; otherwise, respondent remains in possession for her lifetime.

Source excerpt

• Usufructuary rights
• Clan property
• Division of property
• Guardianship

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na TZHC Mwanza 11

Court

TZHC

The High Court dismissed a second appeal over a land sale dispute, holding that the primary court’s factual findings on delay and ownership should not be disturbed.

• Usufructuary rights
• Land sale
• Jurisdiction of primary court
• Delay in filing suit
• Land-sale
• Usufructuary-rights

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