Trespass under Tanzanian law refers to the unlawful entry onto another person’s land without consent or lawful justification. In simple terms, do not “visit” where you have not been invited. Trespass is recognised both as a civil wrong under common law principles and a criminal offence under the Penal Code.
“Criminal trespass arises where entry is made with the intent to commit an offence or to intimidate, insult, or annoy.”
In civil law, trespass occurs when a person intentionally enters or remains on land in the possession of another without permission. The good news for landowners (and bad news for stubborn neighbours) is that trespass is actionable per se, meaning that there is no need to prove actual damage. Even if the trespasser merely “borrows the shade” of your mango tree, that still amounts to trespass.
Courts established under the Land Disputes Courts Act may grant remedies such as damages, injunctions or eviction orders. In other words, a simple apology will not repair a broken fence.
Criminal trespass arises where entry is made with the intent to commit an offence or to intimidate, insult or annoy. So before you cross over that fence, remember: Curiosity did not just trouble the cat—it may also land you in court.
