Arusha. The Court of Appeal in Tanzania has overturned a High Court decision that had declared Kanisa la Ukombozi Bariadi (KUB) the lawful owner of two disputed plots in Bariadi District, Simiyu Region, ruling that the matter was determined in breach of legal procedure as the church was not a party to the case.
The appellate court held that the High Court erred in law by granting ownership rights to KUB without it being joined in the proceedings, and ordered the case to be reheard afresh after the church is formally included as a necessary party.
The civil appeal No. 183 of 2024 was filed by the Registered Trustees of Ukombozi Ministries for All Nations (UMINA) against Mr Ludovick Kwezi.
The dispute stems from allegations that Mr Kwezi, a former pastor deployed to Bariadi in 2014, oversaw collection of Sh7.35 million between March 2015 and April 2016, which was used to purchase two plots registered under KUB, triggering a dispute over ownership.
A three-judge panel of the Court of Appeal comprising Rehema Kerefu, Sam Rumanyika and Issa Maige delivered the judgment on Friday, June 19, 2026, which was later published on the Judiciary’s website.
Delivering the ruling, Justice Rumanyika, said the High Court wrongly declared KUB the lawful owner while it was not a party to the proceedings.
He stressed that no person or institution can be granted rights without being given an opportunity to be heard, adding that KUB had a direct interest in the matter and should have been joined.
The Court of Appeal therefore nullified both the High Court judgment and the decision of the Maswa District Land and Housing Tribunal, ordering a fresh hearing before a different High Court judge with KUB included as a party.
Background to the dispute
The court heard that tensions between Mr Kwezi and UMINA led to the suspension of church activities, which escalated into a dispute over ownership of the plots.
UMINA initially filed the case before the Maswa District Land and Housing Tribunal and won.
Dissatisfied, Mr Kwezi, appealed to the High Court in the Shinyanga Zone. In its ruling on August 15, 2022, the High Court criticised the tribunal’s handling of the matter, but went further to declare KUB the lawful owner of the land.
The appeal
UMINA trustees challenged the decision at the Court of Appeal on three grounds, mainly contesting ownership of the land and the failure to join KUB as a party to the case.
Their lawyer argued that the High Court erred by conferring ownership rights on a non-party to the proceedings.
Mr Kwezi’s lawyer also conceded that KUB should not have been declared owner without being joined, saying the omission resulted in fundamental procedural defects.
The court’s decision
Justice Rumanyika said the High Court itself acknowledged that KUB was not a party, yet proceeded to determine its rights over the disputed property.
He reiterated that courts cannot determine the rights of a person or institution without granting them a hearing.
The judges noted that the original dispute involved only UMINA and Mr Kwezi, and that KUB’s direct interest in the land made its inclusion necessary from the outset.
The court held that instead of making a substantive determination in favour of KUB, the High Court should have set aside earlier proceedings and ordered a fresh hearing with all necessary parties joined.
It further observed that the High Court’s ruling created an irregular outcome where no clear winner or loser emerged, contrary to civil justice principles.
The Court of Appeal concluded that failure to include a party with direct interest violated the right to be heard.
It accordingly set aside both the High Court judgment and the Maswa District Land and Housing Tribunal decision, and ordered a retrial before a different High Court judge with KUB joined as a party. Each party will bear its own costs.
