High Court Land Division - 2014 September

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7 judgments

Citation	Judgment date
September 2014
Morogoro Petroleum Co. Ltd vs M/s Akiba Commercial Bank (Land Case 47 of 2010) [2014] TZHCLandD 5 (11 September 2014) Applicant’s claim for return of title deeds dismissed; respondent entitled to enforce security for outstanding Tshs.61,000,000 with interest and costs. Land/security of title deeds – deposit of title deeds as security for bank facilities – debt rescheduling and acknowledgement – burden of proof on claimant – enforcement of security by sale/possession – award of interest and costs.	11 September 2014
Romani Mosha vs Tanzania National Roads Agency & Another (Land Case 107 of 2004) [2014] TZHCLandD 48 (11 September 2014) Plaintiff failed to prove ownership or destruction of farms during road works; claim dismissed with costs. Land law – proof of title and ownership – evidential burden; alleged destruction of crops and removal of beacons during road maintenance – necessity of corroborative and expert (surveyor) evidence; hearsay insufficient to establish trespass or damage; unsuccessful claim dismissed with costs.	11 September 2014
Maua Hussein vs Muhajiri Omari Saidi (Land Appeal 38 of 2010) [2014] TZHCLandD 1 (9 September 2014) Applicant failed to prove land ownership; tribunal's non-visit and concurrence with assessors were not errors. Land law – proof of ownership – requirement for documentary evidence and credible direct witnesses; locus in quo visits discretionary; assessors' opinions and chairperson’s concurrence must be recorded with reasons.	9 September 2014
Baweni Mbegu vs Twalibu Shomari (Misc. Land Appeal 82 of 2008) [2014] TZHCLandD 40 (5 September 2014) Appellate locus in quo visit and witness credibility justified reversal of ward tribunal; appeal dismissed with costs. Land dispute – appellate review – locus in quo visit – credibility of witnesses – reversal of ward tribunal where trial evidence contradictory and site inspection supported respondent’s ownership; assessors’ opinions relevant.	5 September 2014
John Njiuka vs Eleutelia Mwalongo (Land Case Appeal 5 of 2013) [2014] TZHCLandD 27 (5 September 2014) Whether the tribunal erred by proceeding without a necessary party and ignoring evidence of land transfer and mortgage proceeds. Land law – possession and title – joinder of necessary parties – evidentiary weight of land transfer registry entries – consideration of mortgage transactions and funds received in land disputes.	5 September 2014
Rashid M. Nampiso vs Jamila Sururu & Others (Land Case 173 of 2005) [2014] TZHCLandD 47 (5 September 2014) Plaintiff’s forged allocation documents made him a trespasser; revocation lawful and claim dismissed with costs. Land law – allocation and grant of right of occupancy – validity of letters of offer and payment receipts – forgery and documentary evidence – lawful revocation by Commissioner for Lands – improvements by trespasser and no entitlement to compensation.	5 September 2014
Sophia Omary vs Lightness Baruti (Land Appeal 46 of 2013) [2014] TZHCLandD 23 (5 September 2014) Appellant's challenge to tribunal's reliance on valuation and rejection of her evidence dismissed; appeal dismissed. Land law – tenancy and building-works agreements – recovery of construction costs; admissibility and reliance on expert valuation reports; assessment of witness evidence and appellate review of factual findings.	5 September 2014