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Tanzania decisions
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The respondent failed to prove ownership of the disputed land to the required standard as the sale agreement was invalid and material witnesses were not called, warranting adverse inference. The trial tribunal's decision was set aside.
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The appellant failed to discharge the burden of proof regarding ownership and lease of the disputed land. The respondents, particularly the third respondent, provided heavier and corroborated evidence of ownership. The sale agreement, even if excluded, was supported by witness testimony. The appeal was filed within time. The appeal lacked merit and was dismissed with costs.
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The respondent proved ownership of the disputed land as a gift inter vivos from his father through clear, consistent, and corroborated evidence, satisfying the legal requirements for such a transfer. The appellant failed to establish valid title due to a void sale agreement lacking consideration and signatures, contradictory oral evidence, and absence of proof of title from the sellers. The burden of proof was not discharged by the appellant, and the Tribunal's decision in favour of the respondent was correct in law and fact.
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The High Court dismissed a land appeal, holding that prior possession supported title and that the appellants failed to rebut Daudi Wapi’s ownership of the disputed land.
The High Court allowed a land appeal, finding the trial tribunal had misread the evidence and wrongly relied on a defective sale agreement.
The DLHT erred by determining matrimonial issues outside its jurisdiction, disregarding assessors' opinions without reasons, and relying on an invalid sale agreement not supported by credible evidence. The appellants proved their status as lawful owners of the disputed land, and the counterclaim was not sufficiently proved.
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The appellant failed to discharge the burden of proof required by law to establish ownership of the disputed land, and the sale agreement in favor of the respondent was valid and supported by credible evidence.
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The respondents, as claimants, failed to prove that the suit property formed part of the deceased's estate. The appellant demonstrated that contractual obligations were discharged: payment was made and possession handed over. The Tribunal erred by misplacing the burden of proof and failing to evaluate both parties' evidence. The sale, though lacking a signature, was sufficiently evidenced by conduct and supporting testimony. The Tribunal's decision is quashed and set aside.
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The High Court dismissed Riziki Habibu’s land claim and upheld Ruth Shija’s counterclaim, finding the alleged sale from a deceased vendor void and title unproved.
The High Court dismissed a land appeal, upholding findings that the respondents proved title by inheritance and sale, while the appellants failed to prove ownership.
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