Arusha. The Arusha Sub Registry of the High Court of Tanzania has resolved a long-running dispute over church property ownership in Elerai, declaring the Registered Trustees of Evangelistic Assemblies of God Tanzania (EAGT) as the lawful owners of the land and all buildings on it.
In a ruling delivered on June 22, 2026, Justice Frank Mahimbali upheld EAGT's claim that the property had been transferred to the church through a deed of gift executed in 1996 by the late Cleopa Lotakajaki for religious purposes.
The case was filed by EAGT against the Registered Trustees of Revival Evangelistic Assemblies of God Tanzania (REAGT) and Pastor Marko Haule, who argued that the late Lotakajaki had orally granted him the land in 1986, before the deed was prepared.
The court ruled that the evidence presented by EAGT demonstrated that Lotakajaki intended to transfer the land to the church rather than to an individual.
According to the court's findings, Christian worship activities began in the Elerai area in the mid-1980s after congregants relocated from Elerai Primary School.
Origin of the dispute
The dispute centred on ownership of church buildings located in Elerai, Bonde la Baraka area in Sakina, Arusha, where EAGT maintained that the property had belonged to the church since June 8, 1996 and was dedicated to religious activities.
Pastor Haule contested the claim, insisting that the land had been given to him personally through an oral agreement in 1986. He further argued that he initiated church activities on the property.
EAGT stated that the church had used the land continuously for worship since 1996 and had developed infrastructure including a church building and a pastor's residence.
Among the four witnesses called by the claimant was Bishop Shadrack Mollel, who testified on the institution's registration and ownership of its assets. Other witnesses described how the land had been transferred to EAGT and used over the years as church property.
EAGT also argued that Pastor Haule had served the church until 2019, when he was dismissed over allegations of misconduct. It claimed that after his removal, he continued occupying and using the property unlawfully in collaboration with REAGT.
REAGT denied ownership of the property, stating that it had never been registered in its name or legally transferred to it.
Court ruling
After reviewing witness testimonies, documentary evidence and arguments from both sides, Justice Mahimbali concluded that the late Lotakajaki intended to donate the disputed land to EAGT and not to an individual.
The judge said Pastor Haule's claim that the land had been orally granted to him in 1986 was not supported by sufficient evidence and that no documents were presented to prove ownership transfer. The court also found inconsistencies in his testimony during various stages of the proceedings.
On REAGT, the court agreed that the institution had never been registered as the owner of the property. It further found that its religious activities on the land had been conducted through Pastor Haule, leaving it without legal grounds for ownership.
The court consequently declared EAGT's Registered Trustees as the lawful owners of the property and ordered the defendants to vacate and hand over possession within 60 days.
It also issued a permanent injunction barring them from entering or conducting any activities on the property without the claimant's permission and ordered them to pay Sh20 million in compensation for trespass and unauthorised use of the property.
