Land Cases

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A

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

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

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

B

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

C

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

D

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

E

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

F

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

G

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

H

I

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

J

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

K

L

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

M

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

N

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

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

O

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

P

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,

Q

R

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

S

T

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

U

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

V

W

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

X

Y

Z