Tanzania Court of Appeal faults High Court in church land dispute, orders retrial

Tanzania's Court of Appeal has nullified a High Court ruling that declared Kanisa la Ukombozi Bariadi (KUB) the lawful owner of two disputed plots in Bariadi District, Simiyu Region. The appellate court found that the High Court's decision was made in breach of legal procedure because KUB was not a party to the original proceedings.

The appellate court held that the High Court made a legal error by granting ownership rights to KUB without formally joining the church in the case. Consequently, the court has ordered a fresh hearing of the matter. KUB must be included as a necessary party before the case can proceed.

“

The High Court erred in law by granting ownership rights to KUB without it being joined in the proceedings.

The dispute originated from allegations that a former pastor, Mr. Ludovick Kwezi, oversaw the collection of Sh7.35 million between March 2015 and April 2016. These funds were used to purchase two plots registered under KUB, leading to a conflict over ownership. The case initially went to the Maswa District Land and Housing Tribunal, where UMINA (Registered Trustees of Ukombozi Ministries for All Nations) won. Mr. Kwezi appealed to the High Court, which criticized the tribunal but then declared KUB the owner.

A three-judge panel of the Court of Appeal, including Justices Rehema Kerefu, Sam Rumanyika, and Issa Maige, delivered the judgment on Friday, June 19, 2026. Justice Rumanyika emphasized that no individual or institution can be granted rights without an opportunity to be heard, noting KUB's direct interest in the property. The Court of Appeal's decision invalidates both the High Court judgment and the prior decision by the Maswa District Land and Housing Tribunal, mandating a new trial before a different High Court judge.

“

No person or institution can be granted rights without being given an opportunity to be heard.