COURT: RIGHT TO OWN LAND RESERVED FOR CITIZENS ONLY

The Court of Appeal has quashed the High Court’s decision, which allowed non-citizens to own land within the United Republic of Tanzania through inheritance.
Justices Rehema Mkuye, Paul Kihwelo and Abdul-Hakim Ameir Issa ruled in favour of the Attorney General (AG), the applicant, after allowing his application for revision to challenge the impugned decision regarding a plot of land situated at Upanga area in Dar es Salaam.
“…We find that the application is merited and we grant it. We therefore, quash the judgement and set aside the decree thereof,” they declared in a judgement delivered against Emmanuel Marangakisi as the Attorney of Anastansious Anagnostou, Georgio Anagnastou and Ourania Anagnastou, the respondents.
The plot was owned by Diana Artenis Ranger, nee Anagnastou Georgio, a lady of Greek origin (deceased), who was a Tanzanian by naturalisation. She died intestate (without leaving a will) on May 7, 2006 at the Aga Khan Hospital in Dar es Salaam.
In granting the right to own land to a foreigner, the High Court had discussed a number of options, which could be invoked in effect bequeath suit land to heirs, allocations and grants which are made in the name of the President as per section 4 (5) of the Land Act.
The trial court also ventured into the definition of “transfer” meaning the passing of the Right of Occupancy, a lease or mortgage from one party to another by act of the parties and not by the operation of law as opposed to transmission as defined under section 2 of the Land Act.
In the end, the trial Judge held that bequeathed property of a deceased person upon his or her death was neither a grant nor an allocation of the Right of Occupancy and therefore, it was proper for bequeathed property to be transmitted to a non-citizen.
However, in their decision, the justices pointed out that reading section 2 of the Land Act together with sections 67 and 68 of the Land Registration Act, interest in land of the deceased can only be bequeathed to heirs or beneficiaries through transmission after having been registered in the name of the legal representative of the deceased.
“As to who will benefit, section 20(1) of the Land Act explicitly prohibits such transmission to non-citizens. According to the said provision of the law, it only permits a non-citizen to occupy land for investment purposes under the Tanzania Investment Act,” they said.
According to the justices, as the transmission under section 67 of the Land Registration Act gives the beneficiary the right to occupy and use land; and since the right to be given in relation to probate matters does not relate in any how with investment purposes, a non-citizen cannot inherit landed property in Tanzania.
“As it is, looking at the provisions of section 20 (1) of the Land Act in their totality, we are of a considered view that its intent was to prohibit non-citizens to occupy and use land in any manner save for investment purposes only.
“It is our view that had the trial Judge invoked the above principle of statutory interpretation, on the mischief that it was intended to cure, perhaps he would not have arrived to the conclusion he made,” the justices said.
However, non-citizens can sell such property and inherit the proceedings in accordance with the law, the justices also said.