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Tanzania decisions
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The High Court partly allowed a land appeal, holding the ward tribunal issued a certificate of unsuccessful mediation, but the application was wrongly described and had to be rectified.
The High Court dismissed a land appeal, upholding the Tribunal’s finding that the respondent owned the disputed six acres and that no procedural error warranted reversal.
The High Court set aside land tribunal proceedings after finding the Kisongo Ward Tribunal lacked pecuniary jurisdiction because the dispute value exceeded the statutory limit.
The proceedings and judgment of the Mtumbatu Ward Tribunal were a nullity due to lack of recorded quorum and improper participation of the secretary, rendering the subsequent appeal to the District Land and Housing Tribunal incompetent for want of jurisdiction. All proceedings and decisions are set aside.
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Ward Tribunals lack statutory power to conduct ex parte hearings in land disputes; any such proceedings and resulting decisions are nullities and must be quashed.
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The High Court nullified land proceedings after the original tribunal record could not be traced, quashing the lower decisions and allowing any fresh suit under current law.
The High Court upheld the Tribunal’s second-appeal decision and held that the parties must comply with prior tribunal and Court of Appeal directives in their land dispute.
The appeal lacks merit as the respondent's occupation of the disputed land since 2009, supported by credible witnesses, establishes her ownership by adverse possession. The sale agreement was expunged for lack of stamp duty, but sufficient evidence remains. The appellant's evidence was inconsistent and not credible. Procedural errors at the ward tribunal did not cause injustice.
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The High Court dismissed a second land appeal, holding that there was no evidence the disputed land exceeded the Ward Tribunal’s TZS 3 million pecuniary limit.
The respondent lacked locus standi to institute the suit as she was not the administrator of the estate and the administrator could not legally delegate his powers to her; therefore, the Ward Tribunal's decision was a nullity.
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