Tanzanian Court of Appeal clarifies issue of land inheritance by non-citizens

On 22 August 2025, the Court of Appeal of Tanzania delivered a landmark ruling addressing longstanding uncertainty on whether a non-citizen may inherit land, 

In Attorney General v. Emmanuel Marangakisi & Others, Civil Application No. 278/01 of 2023 [2025] TZCA 870, the Court of Appeal conclusively held that non-citizens are prohibited from acquiring land, including through inheritance, unless it is for investment purposes through a derivative title issued by the Tanzania Investment and Special Economic Zones Authority. 

The Court reasoned that allowing inheritance by non-citizens would undermine the legislative intent of the Land Act and the 1997 National Land Policy, which preserve land ownership exclusively for citizens, save for limited investment-related exceptions.

Material facts

The Attorney General applied for revision of a High Court decision (Civil Case No. 1 of 2011) that had permitted landed property forming part of the estate of the late Diana Artenis Ranger, a naturalised Tanzanian, to be bequeathed to her brother, Anastasious Anagnostou, a non-citizen.

The Attorney General, though not a party to the original proceedings, intervened on public interest grounds, citing illegality and inconsistency with the Constitution, the Land Act, and the National Land Policy.

The Respondents opposed the application, arguing that the bequest was valid as the property had been privately acquired prior to the Land Act.

The issue the Court of Appeal had to consider was whether, under Tanzanian law, a right of occupancy in land may be lawfully bequeathed to a non-citizen.

Court of Appeal judgment

The Court of Appeal held that, by virtue of section 20(1) of the Land Act, non-citizens are prohibited from acquiring land in Tanzania except for investment purposes, and this restriction applies equally to inheritance through transmission on death.

The Court reasoned that allowing inheritance by non-citizens would undermine the legislative intent of the Land Act and the 1997 National Land Policy, which preserve land ownership exclusively for citizens save for limited investment-related exceptions. 

It therefore quashed the High Court decision and ruled that landed property cannot lawfully be inherited by non-citizens outside the statutory investment framework.

Practical implications

This new judgment highlights that land rights cannot be transmitted to non-citizen heirs, even where property was acquired before the Land Act came into effect.

Also, administrators of estates must exercise caution to ensure compliance with statutory restrictions on land ownership when distributing landed property.

James Pius Rushomesa is a partner in the Dar es Salaam office of Bowmans, and MohammedZameen Nazarali is an associate in the firm’s Dar es Salaam office.