Understand Zanzibar land rights before the price
Zanzibar’s land-tenure framework declares natural land public land vested in the President for the people’s benefit. It is therefore important to distinguish land itself from rights held over it, buildings and interests in a business. A property described as “for sale” should be examined to establish exactly what can lawfully be acquired.
Government leases can run for up to 99 years; an individual interest may have a shorter remaining term. Renewal is conditional, not an automatic promise. Zanzibaris may hold rights of occupancy, including provisions for perpetual rights in specified circumstances. Merely residing on the island does not establish that legal status. Ask an independent Zanzibar lawyer to confirm the current law and the precise interest offered.
Source: Land Tenure Act, sections 3 and 47. Reviewed 3 November 2026.
The Sheha’s role: local evidence alongside formal checks
The local administrative leader is the Sheha, often informally described as the village chief. Involving the relevant Sheha can help establish local knowledge of the occupier, the seller’s history, neighbours, boundaries and reported disputes. Record local confirmations and investigate inconsistencies.
A Sheha’s letter, signature or stamp alone is not conclusive proof of transferable rights. It cannot replace official records, a verified survey, the seller’s legal authority or required approvals. AVA’s assessment should combine local enquiries with independent legal and registry checks.
Context: Omar Ali Omar v Said Ali Khamis, High Court of Zanzibar, 11 May 2023; the judgment discusses missing documentary evidence and the absence of Sheha involvement in the claimed purchase.
The essential document file to verify
The required documents depend on the property, parties and transaction. AVA’s proposed assessment file should cover the following, with the relevant Zanzibar lawyer confirming the applicable legal requirements.
- Identity and authority: seller or lessor identity; company records and authority to sign; and succession, family or other consents where applicable.
- The underlying rights: certified land records, the government lease or occupancy instrument, transfer history, remaining term, permitted use, renewal conditions and restrictions on transfer or subletting.
- Boundaries and access: an approved survey or cadastral plan, plot identifiers and on-site checks by a qualified surveyor, including lawful road access and any easements. A satellite outline is not a legal survey.
- Liabilities and competing interests: searches for mortgages, charges, litigation and competing claims, together with relevant rent, tax and other clearance records.
- Use and operation: relevant investment approvals, planning and building permissions, environmental requirements and tourism or operating licences. Existing licences must not be assumed to transfer to a new operator.
- The transaction: the sale, lease, sublease or option agreement; required land, lender and investment approvals; registration evidence and completion receipts.
For a hotel, also verify building-condition reports, repair budgets, inventory, staff and supplier obligations, booking liabilities and substantiated operating records.
Registration context: BPRA document-registration guidance, which identifies immovable-property sale agreements, leases and mortgage deeds among documents requiring registration. Registration does not replace investigation of the underlying rights.
Keep certified records and written advice together so that the commercial proposal can be checked against the legal position.
Inspect the building and the site
Use appropriately qualified specialists to examine structure, completed work, defects and the works still needed. Compare drawings with what is physically present. On coastal sites, ask about exposure, drainage, water, wastewater, access and maintenance requirements.
An unfinished building can contain both value and expensive uncertainty. A visual visit alone is not an engineering report.
Check the intended use and the approvals
Establish which authorities and permissions are relevant to the particular land, activity and participant. Ask what is already approved, what remains outstanding and what conditions apply. An official investment profile is useful background; it is not approval for a private transaction.
Current starting point: Zanzibar Investment Promotion Authority. Obtain project-specific guidance from appropriate advisers and authorities.
Test the full cost and operating assumptions
Look beyond the asking amount. A budget may need to cover investigation, professional work, acquisition or lease costs, construction, fittings, contingency, pre-opening activity and working capital. Then test demand, realistic pricing, seasonality and recurring expenses.
Use a downside scenario as well as a preferred scenario. Identify which assumptions are evidenced, which are estimates and which have not yet been resolved.
Understand the partnership before funding it
Read how contributions, fees, spending authority, decision-making, reporting, further funding and distributions will work. Ask what happens if the budget increases, an approval takes longer, a partner cannot contribute, or an exit is requested.
Make sure the commercial explanation and the legal agreements describe the same arrangement. Keep an accessible record of the documents and advice relied upon.
A documented Kizimkazi dispute: lessons without assumptions
A High Court ruling dated 15 April 2024 names Zanzibar Dolphin View Paradise Resort Limited among the parties to proceedings arising from Civil Case 20 of 2013. It describes an objection asserting an interest in property at Kizimkazi attached in execution of that case.
The record connects a 2013 case with a 2024 ruling, more than a decade later. That does not establish that the hotel was closed for that period, why buildings became derelict, or the final position today. We have not verified that the ruins locally called “Dolphin” are precisely the same asset. AVA does not present those unconfirmed points as fact.
The practical lesson is to investigate financing, security interests, competing claims and enforcement exposure alongside land rights. AVA’s island relationships help arrange the relevant enquiries; written evidence and independent advice remain essential.
Source: Zakia Abass Mohammed v The Industrialisation Fund for Development Countries & Others [2024] TZZNZHC 35. The final disposition and any later proceedings require verification before a definitive case history is published. Reviewed 3 November 2026.
Make the decision explicit
A useful decision record states what has been checked, which conditions remain, who owns each action and why proceeding—or declining—is justified. AVA’s intended process is selective: learning enough to reject a project can be a successful outcome of assessment.