Sales of land; This refers to the transfer of the ownership of piece of real estate from one

person to another through a contract of sale. However be noted that as long as land is not owned
by the individual but by the state, as provided under Section 4 of The Land Act,[ CAP.113
R.E2019] that in Tanzania all Land is vested in the President as trustee for and on behalf of all
Citizens of Tanzania. Hence sale of Land implied here is the sale of interest in land. This Sale of
Land has attempted to bring together the theoretical aspects and the more practical component of
disposition or transfer of Land from one person to another.

The right to occupancy of Land in Tanzania includes the right to disposition Grant of
right of occupancy includes the right to disposition as provided for under Section 22 (1) (i) of
Land Act, [CAP.113,RE 2019], it is provide that (1) A granted right of occupancy shall be ( i)
capable of being the subject of dispositions.

However, under this part its important to understand what thus TRANSFER means when
dealing with the Sale of land. TRANSFER under Section 2 of the Land Act, [CAP.113, R.E
2019] Thus defines “transfer” to mean the passing of a right of occupancy, a lease or a mortgage
from one party to another by act of the parties and not by operation of the law and includes the
instrument by which such passing is effected whereas “THE SALE” as used in relation to a right
of occupancy, means transfer of an interest in or over land on conditions attached to a granted
right of occupancy.

In dealing with sale of land the following common terms must be considered:

Vendor and Vendee, and vendor and purchaser. The vendor is the seller while the vendee is the
purchaser or a buyer of the Land.

Historically; Sale of land was practiced during pre colonial times. R.W JAMES and G.M
FIMBO in the book of CUSTOMARY LAND LAW ( East Africa Literature Bureau, Nairobi,
1973) page (302 to 312), it was noted that even in Pre-colonial time Chagga and Haya tribes had
the sales of land , but such sales of land was very restricted to the Tribesmen .

But also in book of Customary law of Haya tribe, Tanganyika Territory. By HANS
CORY & M.M HARTNOLL. Published by Frank Cass & Co Ltd. 1971. It was stated that only
Wahaya started to sale Land about 60 years ago. Other tribes like WASUKUMA did not
recognizes Sale of land rather than a Loan of Land as Held in the case of JAFENIA S/O
SHIMBA VS MUSUKA S/O NYANDA (1968) HCD NO. 10. Where the High Court held that
“Under Sukuma Law , plaintiff could not sell his holding or enter into any transaction in which
land was subjected but could only Lend the land”

Hence, every contract for the sale of land it is important that the vendor will prove good
title. The title which is marketable title, title which is free from encumbrances and one that can
be proved in law.

The relationship between vendor and purchaser or Vendee arises from a contract. The
contract involves several stages as follows.