Land Cases – Mandela's Law library

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A dispute over a registered title requires joinder of land authorities; suit struck out for non‑joinder of government parties. registered land — necessity of joining Registrar of Titles and Commissioner for Lands where title validity disputed; Civil procedure — Order I Rules on necessary parties; Government Proceedings Act s.6 — requirement before suing government authorities; Remedy for non‑joinder — striking out where statutory procedure not complied with.

A land tribunal lacks jurisdiction over competing heirs’ claims to deceased’s property; probate court has exclusive jurisdiction. Probate and administration jurisdiction — Competing claims between heirs over deceased’s property — Land tribunal lacked jurisdiction — Proceedings nullified under s.47(1)(b) Land Disputes Courts Act.

Appellants’ pre-Act village allocation letters valid; 2004 allocations invalid for non‑compliance with Village Land Act, appeal allowed. compliance with Village Land Act s.8(5) (prior village assembly approval) – validation of pre-Act allocations (ss.15–16) – re-evaluation of evidence on first appeal – validity of sale chain and transfer of title.

A land tribunal lacks jurisdiction to dispute concluded probate determinations that allocate land by inheritance; appeal allowed. Determination whether property forms part of deceased estate – Land tribunal lacks jurisdiction to re-open or challenge concluded probate/administration orders – Failure to appeal probate decision precludes collateral attack in land proceedings.

Appellant failed to prove source of title; respondent established ownership by a documented chain of title, appeal dismissed with costs. proof of ownership – source of title must be proved by clear and cogent evidence – balance of probabilities – appellate re-evaluation of evidence – admission of sale agreement as proof of chain of title.

Appeal dismissed where the applicant failed to prove purchase and ownership of the disputed land, leaving the tribunal’s findings undisturbed. ownership by purchase – burden of proof on claimant to prove acquisition on balance of probabilities – failure to produce sale agreement and call key witness; Evidence – weight of testimony, unchallenged facts, immaterial inconsistencies and hearsay; Appellate review – tribunal findings on credibility and onus respected.

Appellant failed to prove land ownership; admitted exhibits and respondents’ evidence upheld, appeal dismissed with costs. proof of title — burden of proof on claimant; admissibility of documentary exhibits in District Land and Housing Tribunals; omission to read admitted exhibit not fatal where copies served; locus in quo visit discretionary.

Applicants failed to prove lawful acquisition; land designated and allocated to a conservation body; suit dismissed. Village land allocations – statutory requirement for village council and village assembly approvals – failure to prosecute and striking out witness statements (Order XVIII r.5(5) CPC) – Wildlife Management Area/conservation designation – reliance on survey and Gazette evidence to establish title and boundaries

Appellant failed to strictly prove inherited land ownership; appeal dismissed for failure to discharge evidential burden. proof of ownership — strict proof required for inherited land; Evidence Act ss.117,119,122 — burden of proof; inheritance — need for probate/letters of administration to trace root of title; adverse inference where party fails to call material witnesses; appellate rehearing and evaluation of evidence; locus in quo observations and failure to object.

A claim framed as compensation for acquired land is governed by a one-year limitation and was dismissed as time-barred. Limitation of actions – characterization of claim as compensation versus recovery of land – applicable limitation period (Item 1 v
Item 22) – accrual of cause of action – effect of alleged fraud on limitation (section 26) – preliminary objection on jurisdictional time bar

Appellant failed to prove land ownership; inconsistencies, prior court order and vague sale agreement warranted dismissal. proof of ownership – evidentiary burden on the claimant – admissibility and reading aloud of documents – limitation accrual from plaint – nemo dat quod non habet – certainty of subject matter in land sale agreements

A grantor of an easement may sue for encroachment; encroaching structures must be removed, not ownership declared. Easement – Encroachment by neighbour’s permanent structure – Locus standi of grantor of easement to sue – Demolition remedy

Applicant proved respondents in contempt for disobeying injunctive order; each respondent fined Tshs. 500,000/=Disobedience of interim injunction restraining possession and construction – Virtual service and counsel’s presence via e-filing – Agency liability for acts of agents/third parties – Sanctions: fine with default imprisonment – Inherent powers of the court to prevent abuse of process.

Applicant declared lawful owner and granted injunction after municipal trespass and unlawful change of land use without compensation. ownership by Letter of Offer and acceptance – building permit and payment receipts as corroborative proof; municipal planning – change of land use/public designation; trespass and unlawful eviction; statutory acquisition procedures, notice and compensation; failure to prove quantum of damages defeats compensation claim.

Applicant failed to establish prima facie ownership or entitlement to a temporary injunction restraining sale of the property. Temporary injunction — Ownership and possession — Guardianship and minority — Mortgage by guardian — Restructuring of loan — Compliance with auction statutory notices — Atilio v Mbowe injunction test.

Administrator General not a necessary party to an extension-of-time application challenging Registrar of Titles’ decision. Extension of time to serve notice of intention to appeal – Preliminary objection for non-joinder – Necessary party under Order 1 Rule 10 CPC – Administrator General’s proprietary interest – Registrar of Titles decision

allocation and offers – resurvey/renumbering of plots – administrative renaming and reallocation – indefeasibility of title limited where registration founded on illegality – unlawful dispossession and maladministration by land authorities – rectification of land register and re-survey – trespass declared; eviction declined – general damages awarded.

Application to re-admit appeal dismissed because court was functus officio after prior final dismissal for want of prosecution.

Appellate court quashed conflicting ex parte judgments where illegality was apparent on the face of the record.

A District Land Tribunal lacks jurisdiction where ward-tribunal mediation certificate is absent, defective, or relates to different proceedings

Applicant failed to prove fraud in transfer of registered land; title upheld and suit dismissed; no costs awarded.

Ancillary nature requiring access to main suit pleadings; Locus standi — acting as administrator of a deceased estate requires letters of administration; Joint application — non-severable jurisdictional defect vitiates entire application.

accounting for delay begins from date of awareness of judgment – service of summons disputed – hearsay and bias allegations dismissed

Appeals under Land Disputes Courts Act – 45‑day time limit – Law of Limitation Act s.19(2) exclusion for time obtaining judgment copies – requirement to prove written request – incompetence of appeal – struck out with costs

A COMPESATION SHOULD BE PAID TO A SURVEYED LAND BEFORE UPROOTING

A Person with Certificate of Title is the Lawful Owner, Proof of Allegation of Fraud in Civil Cases, Suit Against a Dead Person

A VISIT TO THE LOCUS IN QUO IS NOT MANDATORY IT IS DONE ONLY IN EXCEPTIONAL CIRCUMSTANCES, HOWEVER, WHERE THE COURT DEEMS IT WARAANTED THEN THE COURT IS BOUND TO CARRY IT OUT PROPERLY

A Visit to the Locus in Quo, Each Framed Issue Must Be Determined, Failure to Frame Issues

A Visit to the Locus in Quo, Each Framed Issue Must Be Determined, Failure to Frame Issues, VICTOR RAPHAEL LUVENA v. MAGRETH EPHRAIM KAWA

ACQUISITION OF TITLE TO LAND,OFFER OF TITLE TO LAND GIVEN OVER LAND STILL HELD UNDER CUSTOMARY LAW, EFFECT THEREOF

An Invitee Cannot Own Land to Which He Was Invited, The Doctrine of Acquiescence and Prescriptive, Adverse Possession

Appeals from DLHT to High Court is Within 45 Days, Automatic Exclusion of Time Spent in Waiting Documents, Time Barred Appeal Shall Be Dismissed

Appeals from DLHT to the High Court is Within 45 Days, Time Limitation is Jurisdictional Issue

Appeals to The Court of Appeal in Land Matters

ATTESTATION, AFFIDAVIT ATTESTED BY A COMMISSIONER FOR OATHS WITH MUTUAL INTREST IN THE PROCEEDINGS, WHETHER THE AFFIDAVIT IS DEFECTIVE, SECTION 7 OF THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS

Automatic Exclusion of Time Requisite for Obtaining a Copy of Judgement, Appeals from District Court to the High Court Within 90 Days

Breach of lease claims fall exclusively within District Court jurisdiction under section 111; the plaintiff’s suit was struck out.

BUYER BEAWARE (CAVErAT EMPTOR)-FOR THE PURCHASER TO BE A BONAFIDE PURCHASER OF THE JUDGEMENT DEBTOR PROPERTY, THERE MUST BE AN ORDER CONFIRMING THE SALE

Court found auctioneer and purchaser in contempt for disobeying injunction and sentenced them to three months’ custody. Contempt of court – Disobedience of injunction/maintenance of status quo – Civil committal proceedings – Service through agents/substituted service – Custodial sentence as remedy to vindicate rule of law.

Court retained jurisdiction over lease-based utility claims but dismissed tax and contempt claims for lack of jurisdiction and locus standi. jurisdiction of courts over lease disputes; contract claims affecting use/enjoyment of land; locus standi – inability to sue on behalf of TRA; tax disputes – reserved for Tax Revenue Appeals Tribunal/Board; enforcement/contempt of tribunal orders – remitted to issuing tribunal.

continuing trespass — necessity to plead dates and particularity to restart limitation period (Law of Limitation ss.5 & 7; Order VII r.6) — court raising limitation issue proprio motu — non‑joinder and re‑institution objections raised but not determinative.

contract versus proprietary rights – absence of mortgage/statutory disposition; equity of redemption – clog invalid; nemo dat quod non habet; defective root of title defeats bona fide purchaser protection; self‑help in land matters unlawful.

Consent judgment – Recording and adoption of mediated Deed of Settlement – Characterisation of transaction as long-term lease – Obligation to execute and register lease – Subdivision conversion and treatment of rent as purchase price – Finality and enforceability of settlement

Commercial Division jurisdiction over commercial disputes involving land; validity of mortgage where property was sold in execution; lender’s knowledge vitiating mortgage; mesne profits require evidentiary proof.

CHAIRMAN/JUDGE MAY PROCEED WITH LAND CASES WITHOUT THE AID OF ASSESSORS

COMPUTATION FOR LIMITATION OF TIME ACCRUES FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE

CONDITIONS FOR THE VISIT OF THE LOCUS IN QUO TO BE MEANINGFUL

CUSTOMARY LAND LAW, DISPUTE OVER OWNERSHIP OF A PIECE OF LAND

CUSTOMARY LAND LAW, WHETHER A HOLDER OF LAND UNDER CUSTOMARY LAW CAN BE REDUCED INTO A SQUATTER

DLHT proceedings nullified for lack of Ward Tribunal certificate and omission to join necessary landowner parties. mandatory Ward Tribunal referral and certificate of failed reconciliation (s.13(4) Land Disputes Courts Act) — Joinder of necessary parties — nullity of proceedings.

Deemed occupancy upheld; planning designation cannot extinguish rights without lawful acquisition and compensation; demolition by council not proven.

discretionary remedy – requirements for grant (Lyamuya) – illegality as good cause only if apparent on face of record; Non-joinder – necessity and effect; Admissibility/identification of exhibits; Burden of proof; Transfer/partition of titled land and required statutory forms

Demolition under planning notice not a contractual termination; pleadings and admissibility of documents; proof of special damages versus award of general damages; reliefs not pleaded cannot be granted.

DISTRICT LAND AND HOUSING TRIBUNALAS HAVE JURISDICTION TO DETERMINE ALL LAND DISPUTES

DUTY OF PARTIES TO APPEAR BEFORE THE COURT

DECLARATION OF URBAN LAND AS A PLANNING AREA, WHETHER SUCH DECLARATION DIVESTS THE ORIGINAL OWNERS OF THEIR CUSTOMARY TITLES ON THE ALAND

DEFENCES AGAINST AN ACTION FOR TRESPASS

DIRECTIVE OF CLAN COUNCIL, CONSEQUENCES OF FAILURE TO COMLY WITH DIRECTIVE OF A CLAN COUNCIL

DISPUTED LAND OWNERSHIP

DUTIES AND POWERS OF AN ADMINISTRATOR

DUTY OF LENDER TO INQUIRE WHETHER CONSENT OF THE OTHER SPOUSE IS OBTAINED, EFFECT OF LACK OF SUCH CONSENT

double allocation and conflicting certificates of occupancy; procedural fairness – joinder of parties and right to be heard (audi alteram partem; Constitution Article 13(6)(a)); separation of powers – judicial usurpation of executive functions to revoke/grant rights of occupancy; appellate procedure – locus standi to appeal; Court of Appeal’s suo motu revisional powers to remedy procedural and substantive injustice.

Ex parte judgment valid where the applicant, present when the hearing date was fixed, failed to show sufficient cause or produce supporting evidence. Ex parte proceedings — Regulation 11(1)(c) Land Disputes Courts Regulations — Requirement to show good cause to set aside ex parte orders — Need for supporting affidavits/documentary proof — Right to be heard limited by failure to comply with hearing dates — Procedural irregularity not fatal absent prejudice.

Extension of time granted where delay was explained and the tribunal’s decision showed clear procedural illegality.

Encroachment; proof of boundaries — balance of probabilities; description of disputed land; failure to summon material witnesses; locus in quo discretionary; assessors’ opinions — court’s reasons for disagreement.

Effect of notice of appeal/pending stay – Appeal does not automatically stay execution – Stay to be granted by appellate court on good cause and conditions – Trial court’s discretion to postpone execution pending appellate determination.

existence and terms of lease; Lessee’s breach of repayment obligations; Validity of electronic service and call-up notice as 14‑day notice; Repossession and sale under lease law; Deed of suretyship — joint and several liability of guarantors; Remedies — damages, penalty interest and post-judgment interest.

Extension of time; prosecution of an incompetent appeal as technical delay; requirement to account for each day of delay; section 41(2) Land Disputes Courts Act; authorities: Lyamuya, Bushiri, Fortunatus Masha, Eliakim Swai.

EVEN TENAT MAY SUE HIS LANDLORD FOR TRESSPASS IF HE ENCROACHES UPON HIS LAWFUL POSSESSION

EVICTION, SOME APPELLANTS LAWFULLY OCCUPYING LAND IN DISPUTE, APPELLANTS SERVED WITH NOTICE OF EVICTION, APPELLANTS IN CONTRAVENTION OF THE LAND ACQUISITION ACT, WHETHER EVICTION LAWFUL

Failure to make an ex parte order before proceeding in a party’s absence violated the right to be heard, nullifying the tribunal’s decision. right to fair hearing — ex parte proceedings — Regulation 11(1)-(2) GN No. 174/2003 — failure to order ex parte hearing — procedural irregularity renders proceedings a nullity — remittal for fresh hearing before different chairperson and assessors.

First appellate court set aside Tribunal’s judgment, declaring appellant owner after finding erroneous relief, insufficient purchaser title and lack of spousal consent

FAILURE TO JOIN REGISTRAR OF TITLES IN THE SUITS INVOLVING REGISTERED LAND, IS NO FATAL

FAILURE TO JOIN LAND AUTHORITY IN THE SUIT INVOLVING DOUBLE ALLOCATION OF LAND IS FATAL

FAILURE TO JOIN LAND REGISTRAR OF TITLES IN THE SUIT INVOLVING REGISTERED LAND IS NOT FATAL

Failure to Join the Buyer of the House, The Right to Be Heard, Death of a Party to Appeal, Insertion of The Successor Name in an Appeal

FLAT ALLOCATED BY EMPLOYER TO APPLICANT AS EMPLOYEE, EMPLOYEE CONTRACTS WITH EMPLOYER TO PURCHASE THE FLAT, WHTHER DISPUTE ARISING FROM THAT CONTRACT IS A COMMERCIAL DISPUTE

Functions of Ward Tribunal, Composition of the Ward Tribunal, Wrong Citation to the Title of the Ward Tribunal

Government-led formalization lawfully reallocated plots; plaintiff failed to prove post-formalization ownership, so trespass claim dismissed. Government-led formalization/survey — effect on pre-formalization informal holdings; burden of proof in civil land disputes; trespass requires proof of lawful possession; administrative allocations binding unless successfully impeached.

GENERALY PRONOUNCING THE VALUE OF A HOUSE WITHOUT EVIDENCE AMOUNTS TO CONJECTURE

High Court lacks jurisdiction to grant stay once the District Land and Housing Tribunal has granted execution; stay must be sought in the Tribunal. Execution and stay of execution — Land Disputes Courts (District Land and Housing Tribunal) Regulations (G.N
No.174/2003) — Regulation 24 proviso and Regulation 25 — Jurisdiction to order stay resides with executing Tribunal — Civil Procedure Code (Order XXXIX R.5) inapplicable where Regulations are exhaustive — Section 55(2) Land Disputes Courts Act

Interlocutory injunction granted to restrain enforcement of alleged mortgage over matrimonial home pending trial. interlocutory injunction – matrimonial property – validity/authenticity of spousal consent to mortgage – irreparable harm – balance of convenience

Interim injunction granted to restrain eviction and sale pending determination of disputed mortgage and sale of matrimonial property. Interim injunction – Attilio v Mbowe test – triable issues, irreparable harm, balance of convenience – mortgage and sale of matrimonial property without spouse’s consent – eviction – ex parte proceedings following service by publication

Interlocutory injunction — Requirements: prima facie case; irreparable harm; balance of convenience — Long-term lease dispute — Validity of court-adopted deed of settlement and alleged unlawful early termination — Preservation of status quo pending trial.

interlocutory injunction – Atilio v Mbowe three‑fold test – affidavit evidence required; submissions not evidence – certificate of title prima facie evidence of ownership – procedural point on 90‑day notice inappropriate in interlocutory application

identification of subject land — boundaries and size must be ascertained; Failure to call material witness — adverse inference; Conflict of interest/nemo judex in causa sua — allocation of land by local leader to self taints claim; Misrecording and mis-evaluation of evidence — ground for quashing judgment

IN WHAT CIRCUSTANCES THE TITLE OF A HOLDER OF RIGHT OF OCCUPANCY UNDER CUSTOMARY LAW CAN BE TAKEN AWAY

Incapacity and Incompatibility as Grounds for Termination of Employment, Termination by Mutual Agreement, Compensation for Unfair Termination

Involvement of Assessors in the District Land and Housing Tribunal, Certificate On Points of Law, Only Certified Points will be Considered

ISSUANCE OF A CERTIFICATE OF OCCUPANCY

jurisdiction of Land Tribunal – distinction between land dispute and breach of contract – sufficiency of land description – joinder/impleader of interested third parties – validity of ex parte judgments and consequent execution.

JURISDICTION=TRANSACTION ARISING FROM TENACY AGREEMENT HAS TO BE SETTLED WITH A LAND DISPUTES SETTLEMENT COURT

JOINTLY OWNED PROPERTY BETWEEN SPOUSES, DEATH OF ONE SPOSUSE, WHETHER THE SURVIOR UPON WHOM THE PROPERTY DEVOLVES MAY DISPOSE OF SUCH PROPERTY

JURISDICTION OF THE HIGH COURT IN DISPUTES OF LAND LORD AND TENANT

Limitation cannot be resolved on the pleadings where a continuing wrong is alleged; non-joinder of co-owners (no representative suit) is fatal unless cured by amendment.

Locus standi – sufficiency of direct oral evidence to show legal interest; Documentary evidence – admissibility versus weight; Stamp Duty Act – non-stamping curable/waivable if not timely objected to; National Emblem Act – misuse of Coat of Arms penal but does not void document in evidence; Evaluation of evidence – appellate restraint on factual findings; Proof of ownership on balance of probabilities.

LIMITATION OF TIME IN LAND SUIT

LAND ACQUIRED THOUGH FRAUD-RECTIFICATION OF LAND REGISTER S.99 OF LAND REGISTRATION ACT

LAND GIVEN TO AN INVITEE, THE OWNER GAVE THE LAND TO TE INVITEE, THE OWNER DIES, LAND IS PASSED TO HEIRS

LAND GIVEN TO AN INVITEE, THE OWNER GAVE THE LAND TO THE INVITEE, THE OWNER DIES, THE LAND IS PASSED TO HEIRS

LAND HELD UNDER CUSTOMARY LAW IN AN AREA DECLARED A PLANNING AREA, WHETHER HOLDER OF LAND UNDER CUSTOMARY LAW IS AUTOMATICALLY RENDERED A SQUATTER AFTER DECLARATION

LIMITATION PERIOD FOR RECOVERY OF CLAN LAND ITEM 6 OF THE CUSTOMARY LAW (LIMITATION OF PROCEEDINGS) RULES 1963

LOAN ADVANCED BY THE SECOND DEFENDANT, SECOND DEFENDANT DENIES THE EXTENT OF THE LOAN HE QUARANTETED AND EXECUTED A MORTGAGE FOR, WHETHER SECOND DEFENDANT IS LIABLE

LOCUS STANDI, JUDGEMENT IN REM, APPELLANTS SUING ON THEIR OWN BEHALF AND ON BEHALF OF THE MASAI COMMUNITY, WHETHER TENABLE IN LAW

MAGISTRATES SHOULD NOT ATTEST SALE AGREEMENTS (CONTRACTS)- ATTESTATION SHOULD BE LEFT TO ADVOCATES TO AVOID EMBARRASMENTS TO THE MAGISTRATES AND THE COURT

Mareva injunction against the Government requires proper 90‑day statutory notice; failure to serve is fatal and application was struck out. Mareva (freezing) injunction — availability pending statutory notice expiry but not pending filing of suit — prohibition of perpetual injunctions; Government Proceedings Act, s.6(2) — statutory 90‑day notice requirement — defective service of notice fatal; locus standi; preliminary objection arising from pleading

mandatory service of default (60 days) and 14-days publication notices — failure to comply invalidates mortgage sale; bona fide purchaser protection requires clean process and evidence of payment; absence/non-registration of power of attorney where none tendered is not fatal; typographical name errors immaterial where identity prove

Mareva (pre‑suit) injunction — preservation of status quo pending statutory notice and suit — Atilio v. Mbowe criteria (prima facie case; irreparable harm; balance of convenience) — possession and long occupation v. registered certificate of title — imminent demolition as irreparable injury

mandatory pre-action engagement with all intended defendants; failure to comply is a jurisdictional defect rendering the suit incompetent; preliminary objections on jurisdiction can be raised at any stage

mortgagee’s power of sale – mandatory 60‑day default notice under s.137 Land Act – proof of service required; Auctioneers Act – 14‑day public notice and publication; Non‑compliance vitiates sale; Service via local government office insufficient without proof; Microfinance Regulations – notice requirements

mortgage distinct from loan agreement – non-joinder of borrower not necessarily fatal; Order 1 r.9 and r.10 CPC – amendment/impleader appropriate remedy for non-joinder of necessary party; burden of proof of repayment may be discharged by evidence other than by joining borrower.

mortgage and guarantee — validity of loan renewals — presumption of knowledge on signing; burden of proof in civil claims; requirement to plead misrepresentation; spousal consent to mortgage.

Matrimonial home – spousal consent required for mortgage; Evidence – identity and alias of mortgagor; Mortgagee’s duty – reasonable steps to verify marital status and authenticate spousal consent; Validity of mortgage – nullity where mandatory consent absent.

MORTAGOR HAS A BURDEN TO PROVE DEFAULT ON THE PARTY OF MORGAGEE TO EXERCISE THE DUTY TO OBTAIN REST PRICE AT THE TIME OF SALE OF MORTGAGED PROPERTY

MORGAGE OF PROPERTY WHICH IS A MATRIMONIAL HOME, CONSENT OF SPOUSE OF THE OTHER SPOUSE IS REQUIRED

MORGAGEE’S DUTY OF CARE IN SELLING THE MORGAGED PROPERTY

MORTGAGEE’S RIGHT TO SELL MORTGAGED PROPERTY, WHETHER MORTGAGE MAY SELL PROPERTY OTHER THAN THAT LISTED IN THE AGREEMENT TO TOP UP THE MONEY DUE

necessity to plead dates and particularity to restart limitation period (Law of Limitation ss.5 & 7; Order VII r.6) — court raising limitation issue proprio motu — non‑joinder and re‑institution objections raised but not determinative.

Necessary parties; non-joinder; Order I Rule 3 CPC; Registrar of Titles; auctioneer; purchaser at auction; nullity of proceedings; remit for rehearing

NO APPEAL LIES AGAINST INTERLOCUTORY DECISION UNLESS SUCH DECSISON HAS THE EFFECT OF FINALLY DETERMINING THE SUIT

NO ONE CAN BENEFIT FROM HIS OWN WRONGS-NO INDEMINITY SHALL BE PAYABLE TO ANY PERSON WHO HAS HIMSELF CAUSED OR SUSTANTIALLY CONTRIBUTED TO THE LOSS

NO ONE CAN GIVE TITLE WHICH HE DOES NOT HAVE (NEMO DAT QUOD NON HABET RULE) -EXEPTIONS-THE LAW PROTECTS THE BONAFIDE PURCHASER FOR VALUE

NO ONE CAN HOLD LAND UNDER CUSTOMARY LAW IN A PLANNED AREA, CUSTOMARY LAW CANNOT APPLY IN URBAN AREAS

ownership vs tenancy – burden of proof on balance of probabilities – admissibility and weight of hand-over agreement as evidence of gift – residential licence/application for change of ownership as corroborative evidence – assessors’ opinions and duty to explain departure under s.24 Land Disputes Courts Act

Ownership dispute – Whether parcel was exclusive title of deceased father or common family grazing land; Appellate review of factual findings – caution in overturning trial judge; Raising new issues on second appeal – unfair if not raised earlier; Use of prior proceedings’ records – cannot be used to contradict witnesses unless tested at trial.

ORAL EVIDENCE OF LAND OFFICER DOES NOT CONSTITUTE SUFFICIENT PROOF OF A BETTER TITTLE=PARTIES CANT AGREE TO BE BOUND BY AN ILLEGAL ACT

OBLIGATION TO PAY STAMP DUTY

plaintiff’s land‑ownership claim was dismissed as time‑barred under the 12‑year limitation for recovery of land. Recovery of land – Item 22 Part I Schedule, Law of Limitation Act (Cap 89 R.E. 2023) – 12‑year limitation – accrual date discernible from plaint – preliminary objection on limitation (Mukisa Biscuit) – dismissal under s.3(1).

proof of ownership – necessity to plead and prove size, dimensions and identifiable boundaries in unregistered land sales; Evidence – burden of proof lies on claimant and must be discharged on balance of probabilities; Locus in quo – inspection is supplementary to court evidence and cannot cure failure to prove essential particulars; Procedural irregularity – irregularities in site visit vitiate proceedings only if they occasion miscarriage of justi

preservation of status quo pending trial; Mortgages — realization of mortgaged immovable property — statutory requirements (valuation, notice, public advertisement); Auctions and tenders — alleged pre-advertisement payment; Protection of bona fide purchasers; Equitable relief to prevent main suit becoming nugatory

proof of ownership without original written agreement – admissibility and sufficiency of police loss report as secondary evidence – burden and onus of proof – buyer’s due diligence and effect of sale by a person without title – locus in quo inspection and amendment of pleadings

proof of title and root of title; assessors’ opinions advisory, not binding; burden of proof on claimant; purchaser cannot acquire better title than vendor; necessity to summon vendor to prove chain of title.

proof of ownership — oral evidence versus documentary title; probate and administration — conclusiveness of estate allocation; name discrepancy on official search; evidentiary burden and balance of probabilities

proof of ownership – sale agreement void for lack of contractual capacity of purchaser (minor) – contradictions in evidence – first appellate court’s duty to re-evaluate evidence – counterclaim uncertainty due to differing descriptions and neighbours – necessity of locus in quo visit

proof of title: certificate of regularization must correspond to the parcel pleaded; mismatch undermines probative value; Pleading and evidence — cannot introduce new acquisition facts at testimony stage; Burden of proof — claimant must prove ownership on balance of probabilities; Gifts inter vivos — valid transfer during donor’s lifetime may confer title independent of probate issues; Nemo dat — challenge to sale’s validity is moot if claimant fails to establish superior title; Court record sanctity — alleged missing annexures insufficient to impeach tribunal record.

proof of title – burden of proof and admissible evidence; occupation and long use not determinative of ownership; hearsay and inconsistent oral testimony weaken claim; town planning drawings relevant to use but do not confer title; municipal planning regularization and amendment lawful; order to demolish illegal structures on public school land

PRODUCTION OF DOCUMENTS NOT ANNEXED TO THE PLEADINGS BEFORE THE DISTRICT LAND AND HOUSING TRIBUNAL-SUBSEQUENT amendment OF PLEADINGS BEFORE THE DLHT

PROCEDURE FOR MORTGAGING A LANDED PROPERTY- IT IS NO LONGER A LEGAL REQUIREMENT FOR ANY PARTY WITH AN INTREST IN THE PROPERTY TO BE MORGAGED TO REGISTER A CAVEAT TO PROTECT HIS/HER INTEREST

PERIOD OF LIMITATION FOR INSTITUTING A SUIT TO RECOVER LAND IS 12 YEARS

PERIOD OF RENT PAYABLE

POWER OF SALE OF NMORTGAGED PROPERTY SECURING THE LOAN , POWER OF SALE IS EXECISABLE

Proof of Acquisition of the Land is Not Always by Documentary Evidence, Priority Principle, One Cannot Prove a Negative

Proof of Termination of Employment, Dishonesty Is a Misconduct, The Judge of His Own Cause,

Registered title to the City Council prevailed; plaintiff failed to prove ownership and unauthorized development was trespass. registered title and priority; sale agreements – contractual stage versus formal transfer; pleadings and variance of evidence; development without planning consent constituting trespass; demolition powers of planning authority; costs follow the event

respondent proved title; late or inconsistent documents inadmissible and Tribunal’s exercise of discretion upheld. burden of proof under Evidence Act s.117(1); admissibility and timing of documents — Regs GN No.174/2003 reg.10(2)-(3), reg.14; exhibits inconsistent with pleadings inadmissible; production after close of case requires leave and proof of authenticity.

revision granted where a non-party materially affected by a DLHT decision was denied the right to be heard.

requirement to show a prima facie/triable case (Atilio test) – power of sale under mortgage – pendency of other proceedings does not automatically bar exercise of contractual sale rights

requirement of a subsisting legal/proprietary interest; transfer of property extinguishes plaintiff’s standing. Civil Procedure Code s.13 – mandatory pre‑action bona fide steps; a mere notice is insufficient; compliance must be pleaded.

Registered title and Certificate of Occupancy — Evaluation of documentary evidence; validity of title — Joinder/summons of land authorities (Registrar/Commissioner) when title validity is challenged — Procedural defect; retrial ordered

Recording and adoption of a deed of settlement under Order XXIII r.3 CPC; enforceability as court decree; land transfers and payment obligations; settlement binding on successors; withdrawal of pending matters.

Refusal of stay – Taxation vs execution – Jurisdiction to tax despite pending appeal – Interference with taxation only where wrong principle or manifest excess – Ex parte proceedings and entitlement to costs – Procedural fairness: need to vacate or explain earlier adjournment – Remittal to different Taxing Master

recovery of land – Part I Item 22 Law of Limitation Act – accrual of cause of action – plaint and annexures as basis for preliminary objection – Order VII Rule 6 CPC – statutory exceptions (ss.20–23 LLA) not pleaded

requirement that facts establishing res judicata be pleaded – Mukisa Biscuits test; Civil procedure – misjoinder of parties – Order I r.9 CPC – joinder of Registrar of Titles in respect of unregistered land not fatal to suit; Land law – applicability of Land Registration Act to unregistered land

REMEDIES AVAILABLE TO THE MORGAGEE WHERE THE MORTGAGOR IS IN DEFAULT

REMEDIES AVAILABLE TO THE MORTGAGOR WHOSE PROPERTY HAS BEEN SOLD IN A BREACH OF THE MARGAGEE;S DUTY TO OBTAIN THE BEST PRICE

Requirement to Obtain Building Permit Before Effecting Any Development on the Land, Procedure of Declaring an Area a Planning Area,

Restrictions Over the Power of the Minister to Extend Time Under Section 44 of the LLA, Some Orders Amount to Decrees Appealable without Leave,

REVOCATION OF OFFER, PROPER PROCEDURE FOR REVOCATION

Revocation of the Right of Occupancy for Public Interest, Double Allocation, A List of Additional Documents Must Be Produced at the First Day of Hearing

Revocation of The Right of Occupancy, Cannot be Revoked without Serving the Owner with a Revocation Notice, Double Allocation

Revocation of the Right of Occupancy, Illegal Revocation, Burden of Proof in Civil Cases

REVOCATION OF THE RIGHT OF OCCUPANCY

RIGHT OF OCCUPANCY GRANTED OVER LAND HELD UNDER CUSTOMARY LAW, WHETHER THE RIGHT OF OCCUPANCY EXTINGUISHES THE TITLE HELD UNDER CUSTOMARY LAW

RIGHT OF OCCUPANCY OF A MINING PLOT, CONFLICT BETWEEN OCCUPIER AND INDEGEOUS INHABITANTS, WHETHER HIGH COURT HAS JURISDICTION OR MATTER SHOULD REFFERED TO COMMISSIONER FOR MINEWS

RIGHT OF OCCUPANCY REVOKED AFTER RECEIPT OF A LETTER FROM THE RESPONDENT EXPLAINING WHY HIS RIGHT OF OCCUPANCY SHOULD NOT BE REVOKED

RIGHT TO LAND REVOKED WITHOUT HEARING

RIGHT TO OWN PROPERTY IN ZANZIBAR

Right to Sale the Mortgaged Land, Duty to Obtain the Best Price, Need of the Valuation Report, Auction After 14 Days Notice, Bonafide Purchaser

RULUES OF EVIDENCE THAT ACCOMODATES A TRIAL OF LAND WITHIN REVISION PROCEEDINGS EMANATING FROM PROBATE CASES

Sale agreements bind vendor and purchasers only; registered titleholder prevails; plaintiffs awarded damages or refund against vendor. registered certificate of title as conclusive evidence of ownership – priority principle; Contract law – sale agreement binding only on contracting parties (privity of contract); Remedies – specific performance impracticable against third-party registered owners; damages or refund with interest as alternative remedy; Burden of proof – on plaintiffs to prove illegality of registration.

Seller’s credible oral testimony can establish land ownership; failure to tender a written sale agreement is not necessarily fatal. proof of ownership – oral evidence vs written sale agreement – seller’s testimony as corroboration; Evidence Act s.176(1)/s.185 discretionary questioning; duty to assist unrepresented litigant limited; standard of proof – balance of probabilities; appellate deference to trial credibility findings.

Stay of taxation execution refused where applicant failed to promptly file intended reference after granted extension; wrong citation curable. stay of execution — Order XXI — showing sufficient cause and acting promptly after grant of extension of time; delay defeats stay; wrong citation curable under section 4 of CPC.

Suit struck out for incompetence due to statutory non‑compliance and inadequate description of immovable property.

statutory 90-day notice to sue — requirement to send copy to Attorney General — mandatory pre-action notice — competency of suit — overriding objective cannot cure non-compliance — striking out for defective notice; inconsistency between plaint and notice.

sufficient cause – delay in obtaining certified copies from tribunal; Lyamuya and Bushiri principles; alleged illegality as good cause; non-inordinate delay; Order 7(2) Advocates Remuneration Order, 2015.

suspension of registration for 30 days; caveat lapses automatically after one month; court’s jurisdiction limited to the one‑month window; application overtaken by events; interim relief and timeliness.

security for loan; written loan agreement and letter of offer control; Evidence Act — best evidence rule for written contracts; compliance with DLHT Regulation 3(2) (application particulars); nullification of unlawful auction and restitution to purchaser; tribunals’ power to grant consequential relief.

Sale by joint owner during marriage – Presumption of equal beneficial interests in matrimonial property – Validity of sale by spouse without children’s consultation – Evidence required to rebut presumption; Civil procedure – Magistrates’ Courts jurisdiction – proper interpretation of jurisdictional value thresholds; Innocent purchaser – capacity and coercion issues.

The applicants failed to prove a gift inter vivos; respondent village council lawfully owned land; suit dismissed with costs. customary/village land; gift inter vivos — requirements of intention, delivery/acceptance and occupation; modes of land acquisition; variance between pleadings and evidence; burden and standard of proof in civil cases; village land allocation to school/self-reliance programme; costs for frivolous claims

The appellant failed to prove ownership where the sale document conflicted with pleadings and title was clouded by a prior judgment. burden and assessment: party alleging ownership must prove on balance of probabilities; discrepancy between pleadings and documentary exhibit undermines credibility
Admissibility — failure to read an exhibit aloud is not fatal where contents were known
Limitation — cause of action is determined from the plaint
Property law — nemo dat quod non habet: prior judgment clouding title prevents valid transfer
Contract certainty — subject matter of land contract must be sufficiently described; misrepresentation/falsified contents vitiate reliance.

Tribunal’s dismissal for non-appearance set aside for failing to evaluate evidence; application restored for rehearing. restoration of dismissed proceedings – non-appearance – necessity to evaluate affidavit and annexed documentary evidence – requirement for reasoned decisions; natural justice – right to be heard; procedural jurisdiction – role of assessors in Land Tribunals (raised but appellate determination rested on failure to evaluate evidence).

Tribunal erred by awarding land outside pleaded location without amendment; appeal allowed and decree quashed. Pleadings binding parties — Verification of village boundaries — Amendment of pleadings required before altering claimed location — Identification of land essential for enforceable decree — Bona fide purchaser doctrine inapplicable where land identity uncertain — Burden of proof remains on claimant — Evaluation of customary title evidence required

tribunal erred by dismissing for alleged missing affidavit and wrongly dismissing after applicant had closed evidence.

Tribunal failed to decide ownership, admitted late evidence, relied on uncertain security, and ordered an unprayed sale—appeal allowed and remitted.

Trespass and ownership — burden of proof under Evidence Act s.117(1); Insufficient description of unsurveyed land (size, neighbours, boundaries); Pleadings binding — evidence must support pleaded facts; Judicial relief — court cannot grant unpleaded relief (declaration of ownership quashed).

Temporary injunction – Atilio v Mbowe conditions – prima facie case, irreparable injury, balance of convenience – proof of payment – registered title weight

title dispute over allocated village/ancestral land; burden and standard of proof in civil title claims; evaluation of conflicting oral testimony and credibility; effect of an admission of falsehood on proof of title; appellate review of trial court findings of fact.

THE MORTGAGOR’S AFFIDAVIT AS TO MARTITAL STATUS IS SUFFICIENT TO VALIDATE THE MORGAGE

THE CERTIFICATES OF TITLE ISCONCLUSIVE PROOF OF OWNERSHIP BUT SUBJECT TO TWO CONDITIONS

THE ESSENCE OF A VISY TO THE LOCUS IN QUO IN LAND MATERS

The Law On Trespass to Land, Trespass is Actionable Per Se No Need of Proof of Damages, Damages Must Be Proved, Restitution

THE LAW PROTECTS THE BONAFIDE PURCHASER FOR VALUE WHO RECEIVED THE PROPERTY IN GOOD FAITH-WHAT AMOUNTS TO GOOD FAITH

The Law Protects the Bonafide Purchaser for Value, Nemo Dat Quod Non Habet, Duties of an Administrator,

THE RIGHT OF A BONAFIDE PURCHASER FOR VALUE

The Right to Be Heard, the Remedy Against the Revocation of the Certificate of Title

Time Limit For Recovery of Land is 12 Years, Grounds for Exemption from Time Limitation, Pre-Court Negotiations Cannot Stay Time

TITLE OF A HOLDER OF A RIGHT OF OCCUPANCY UNDER CUSTOMARY LAW IS RECOGNIZED BY THE LAW OF THE LAND

TITLE OF OWNERSHIP, APPELLANTS PURPORTING TO OCCUPY LAND UNDER ANCENTRAL CUSTOMARY TITLE, WHETHER OCCUPATION CONSTITUTED DEEMED RIGHT OF OCCUPANCY

TITLE TO URBAN LAND IS DEPENDENT ON GRANTED RIGHTS OF OCCUPANCY, CUSTOMARY LAW DOES NOT OPERATE IN URBAN AREAS

TRANSFER OF LAND JOINTLY OWNED BY TWO OWNERS

TRESPASS TO LAND

Utility’s demolition without lawful acquisition or compensation was trespass; plaintiff awarded damages and injunction.

unregistered village land — competing oral evidence v. documentary proof — authenticity of village allotment document — necessary parties/donor non-joinder.

Unless Obtained by Fraud, Certificate of Title is Conclusive Proof of Ownership, Person with Certificate of Title, Joinder of Necessary Party

Whether execution exceeded the decreed parcel and whether the tribunal properly relied on the broker’s report and locus inspection. execution of decree – whether execution exceeded decreed boundaries – tribunal broker’s role and report – weight of locus in quo inspection and documentary boundary description

Ward Tribunal now limited to mediation post-2021 amendment; appeal dismissed with costs. Land Disputes Courts Act s.13 (amendment) — Ward Tribunals limited to mediation; Locus standi — requirement to have legal interest or letters of administration; Quashing proceedings — DLHT’s power to set aside WT decisions; Appellate procedure — raising new grounds in second appeal.

Where relief sought affects a land register, the Registrar of Titles is a necessary party; court allowed amendment to join them. Registered land — Joinder of Registrar of Titles as necessary party where relief affects the land register; Civil Procedure — Order 1 Rule 3 (necessary parties) and Order 1 Rule 9 (amendment to cure non-joinder); Government Proceedings Act s.6(2) — statutory notice requirement; discretion to allow amendment instead of striking out.

wayleave for water transmission mains; requirement to prove statutory basis and width of wayleave; unlawful demolition and entitlement to compensation; distinction between special and general damages; locus in quo inspections discretionary; appellate review confined to matters raised and decided below.

WARD TRIBUNAL HAS NO JURISDICTION TO AJUDICATE LAND DISPUTES

When a Certificate of Sale Can be Granted, When the Sale Becomes Absolute, Buyer Beware, Caveat Emptor, Bonafide Purchaser

WAARUSHA CUSTOMARY LAW, DISPUTE OVER OWNERSHIP OF A PIECE OF LAND, DIRECTIVE OF CLAN COUNSEL, CONSEQUENCES OF FAILURE TO COMPLY WITH DIRECTIVE OF CLAN COUNCIL

Where the Mortgaged Property is Sold and Purchase Price Does Not Satisfy the Debt, the Lender Has the Right to Claim Outstanding Loan Balance,

WHETHER CLAN LAND MAY BE BEQUATHED TO FEMALE HEIRS

WHETHER CUSTOMARY LAW ON LAND AND TENURE APLLIES IN URBAN AREAS

WHETHER CUSTOMARY TITLE TO LAND TERMINATES UPON THE LAND BEING SURVEYED