An analysis of the recent Court of Appeal of Tanzania case on 22 August 2025, The Attorney General vs. Emmanuel Marangakisi & Others (Civil Application No. 278/01 of 2023), which addresses the crucial issue of land ownership by non-citizens in Tanzania.

Background of the Case

The case began after the death of Diana Artenis Ranger, a Tanzanian citizen of Greek origin, who died without a will in 2006. Her estate included a landed property in Dar es Salaam. Her brother, Anastasious Anagnastou, and other heirs were non-citizens of Tanzania. The High Court had initially granted letters of administration to a non-citizen heir, and this decision was appealed. The core legal dispute centered on whether the High Court was correct in its decision, given the provisions of the Land Act.

The Key Legal Issue

The central question before the Court of Appeal was whether a deceased person's "right of occupancy" of an estate can be inherited by an heir who is not a Tanzanian citizen. The Attorney General argued that Section 20 of the Land Act, Cap. 113, prohibits non-citizens from owning land except for specific investment purposes under the Tanzania Investment Act. This position aligns with the National Land Policy of 1997, which aimed to protect land by limiting foreign acquisition

The Court's Decision

The Court of Appeal ruled in favor of the Attorney General, overturning the High Court’s decision. The Court found that while the Land Act preserves rights acquired before its enactment, transferring ownership to non-citizen heirs is prohibited under Section 20 of the Act. The court concluded that a right of occupancy cannot be bequeathed to a non-citizen, thus answering the main issue in the negative.

How Our Law Firm Can Help

At our law firm, we specialize in navigating these intricate legal matters. Whether you are a Tanzanian citizen or a non-citizen, our team can assist you with estate administration, property disputes, and ensuring your assets are managed in compliance with Tanzanian laws.

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