godfrey m nzowa vs suleiman kova 2 others 2008 tzhc 152 17 march 2008

godfrey m nzowa vs suleiman kova 2 others 2008 tzhc 152 17 march 2008

The 1st defendant was entitled to purchase the suit premises as he was the occupant during the official identification period for government house sales (July–December 2001). The sale agreement and subsequent registration of title in his name were lawful. The plaintiff, though a legitimate civil servant, was not entitled to purchase the suit premises as he was not the occupant during the identification. The 1st defendant is entitled to eviction of the plaintiff, rental arrears at a reduced rate, and general damages. The plaintiff's claims are dismissed except for a declaration of his status as a legitimate civil servant.

Citation
godfrey m nzowa vs suleiman kova 2 others 2008 tzhc 152 17 march 2008
Parties
Plaintiff/defendant (on Counterclaim): Godfrey M. Nzowa; 1st Defendant/plaintiff (on Counterclaim): Selemani Kova; 2nd Defendant: Permanent Secretary Ministry of Works; 3rd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 March 2008
Procedural Posture
Land Case / Judgment After Trial De Novo on Remand From Court of Appeal
Outcome
Plaintiff's suit dismissed except for declaration of legitimate civil servant status; 1st defendant's counterclaim substantially allowed.
Legal Topics
Government Housing Disposition, Sale of Government Property, Civil Servant Entitlements, Specific and General Damages, Title Registration, Counterclaim Procedure
Source Language
English
Land Law Contract Law Administrative Law Government Housing Disposition Sale of Government Property Civil Servant Entitlements Specific and General Damages Title Registration +1 more

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Parties

Godfrey M. Nzowa

Plaintiff/defendant (on Counterclaim)

Selemani Kova

1st Defendant/plaintiff (on Counterclaim)

Permanent Secretary Ministry of Works

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Land Case / Judgment After Trial De Novo on Remand From Court of Appeal

Legal Issues

  1. 1 Who was entitled to purchase the suit property?
  2. 2 Whether the sale agreement between 1st and 2nd defendant was null and void
  3. 3 Whether offer to sell house in Kigoma to plaintiff was communicated

Ratio Decidendi

The 1st defendant was entitled to purchase the suit premises as he was the occupant during the official identification period for government house sales (July–December 2001). The sale agreement and subsequent registration of title in his name were lawful. The plaintiff, though a legitimate civil servant, was not entitled to purchase the suit premises as he was not the occupant during the identification. The 1st defendant is entitled to eviction of the plaintiff, rental arrears at a reduced rate, and general damages. The plaintiff's claims are dismissed except for a declaration of his status as a legitimate civil servant.

Court Disposition

Plaintiff's suit dismissed except for declaration of legitimate civil servant status; 1st defendant's counterclaim substantially allowed.

Orders

  • Plaintiff declared a legitimate civil servant but not entitled to purchase the suit premises.
  • Plaintiff to give vacant possession within one month or be evicted.