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Tanzania decisions
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The High Court’s Land Division held that a fourth defendant had mortgaged her property to secure a bank loan, and ordered vacant possession for sale after default.
The parties mutually agreed to settle all claims regarding Plot No. 41 Block 'C' Uhuru Street, Morogoro, with the Plaintiff relinquishing all rights and claims in exchange for monetary consideration and allocation of alternative plots, and the court recorded the settlement as a binding consent judgment.
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The plaintiff lawfully purchased 24 acres (20 acres from the 1st defendant and 4 acres from the 2nd defendant) as evidenced by sale agreements and corroborated by oral and documentary evidence. The remaining 9.10 acres of the larger farm remain with the 2nd defendant. The dispute arose due to compensation issues and boundary confusion following government acquisition for road construction. The plaintiff's evidence was more credible and consistent, and the defendants admitted to the sales. The court disregarded prior tribunal decisions as they were quashed for procedural reasons.
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Where the decree is for vacant possession and the suit property remains in the applicant's possession, a commitment bond to maintain the property in the same condition suffices as security for stay of execution.
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High Court Land Division dismissed an appeal over vacant possession of estate property, holding a co-administrator’s consent was not required and the appellant proved no legal interest.
There was no continuing breach after the lease expired in January 2014, as no further lease agreement or periodic tenancy was created; thus, the claim for rent arrears is time-barred, but the claim for vacant possession is within the twelve-year limitation period and survives.
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The High Court held that Azania Bank failed to hand over vacant possession of auctioned property and awarded the purchasers special and general damages, interest, and costs.
The dispute was resolved by a deed of settlement binding all parties, with terms including boundary respect, removal of encroachments by the 4th defendant, and finality of the dispute, thus the court marked the matter settled and withdrawn.
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The Tribunal correctly found that the cause of action arose in 2008 when the Appellant accepted consideration and handed over possession, making the suit filed in 2021 time barred under the applicable limitation periods for contract and land recovery. The Tribunal thus lacked jurisdiction to entertain the matter.
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The respondent satisfied the consent judgment by paying the decreed sum and vacating the land, including dismantling the tower. The basement and flooring were not ordered to be removed in the decree or consent judgment, and the appellant accepted possession without complaint for years. The executing court cannot grant relief not contained in the decree. Compensation for alleged illegal occupation was not part of the consent judgment or decree and cannot be awarded in execution proceedings.
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