20170613 TZCA Dar es salaam

20170613 TZCA Dar es salaam

The appellant is the lawful owner of semi-detached house No. 2 on plots 105 and 106, as she purchased it from the 3rd respondent who had authority to sell government houses, not plots. The 1st and 2nd respondents are only entitled to semi-detached house No. 1 on plot 105, not the whole plot, as only the house was offered for sale. The 4th respondent is entitled to detached house No. 3, not the whole of plot 106. The trial court erred in awarding damages against the appellant and in failing to order resurvey and subdivision of the plots to reflect actual entitlements.

Citation
20170613 TZCA Dar es salaam
Parties
Appellant: Domina Kagaruki; Respondent: Farida F. Mbarak; Respondent: Farid Ahmed Mbarak; Respondent: Tanzania Building Agency; Respondent: Elius A. Mwakalinga; Respondent: The Commissioner for Lands; Respondent: The Honourable Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 June 2017
Procedural Posture
Civil Appeal / Judgment on First Appeal
Outcome
Appeal allowed with costs
Legal Topics
Ownership of Government Houses, Transfer of Title, Sale of Government Property, Damages for Trespass, Resurvey and Subdivision of Land
Source Language
English
Land Law Property Law Ownership of Government Houses Transfer of Title Sale of Government Property Damages for Trespass Resurvey and Subdivision of Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Domina Kagaruki

Appellant

Farida F. Mbarak

Respondent

Farid Ahmed Mbarak

Respondent

Tanzania Building Agency

Respondent

Elius A. Mwakalinga

Respondent

The Commissioner for Lands

Respondent

The Honourable Attorney General

Respondent

Procedural Posture

Civil Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the appellant is the lawful owner of semi-detached house No. 2 on plots 105 and 106
  2. 2 Whether the 1st and 2nd respondents are lawful owners of plot No. 105
  3. 3 Whether the 4th respondent is the lawful owner of plot No. 106

Ratio Decidendi

The appellant is the lawful owner of semi-detached house No. 2 on plots 105 and 106, as she purchased it from the 3rd respondent who had authority to sell government houses, not plots. The 1st and 2nd respondents are only entitled to semi-detached house No. 1 on plot 105, not the whole plot, as only the house was offered for sale. The 4th respondent is entitled to detached house No. 3, not the whole of plot 106. The trial court erred in awarding damages against the appellant and in failing to order resurvey and subdivision of the plots to reflect actual entitlements.

Court Disposition

Appeal allowed with costs

Orders

  • The 5th respondent (Commissioner for Lands) is ordered to resurvey plots 105 and 106 and subdivide them into three equal plots for the appellant, 1st and 2nd respondents, and 4th respondent.
  • Exercise to be effected expeditiously.