abeid saidi abeid another vs registrar of titles 2 others 2023 tzhclandd 15729 3 march 2023

abeid saidi abeid another vs registrar of titles 2 others 2023 tzhclandd 15729 3 march 2023

The High Court cannot assume jurisdiction to determine matters arising from complaints against decisions, orders, or acts of the Registrar of Titles unless moved by way of appeal as required by section 102 of the Land Registration Act. Filing a suit instead of an appeal is procedurally improper.

Citation
abeid saidi abeid another vs registrar of titles 2 others 2023 tzhclandd 15729 3 march 2023
Parties
1st Plaintiff: Abeid Saidi Abeid; 2nd Plaintiff: Joseph Osmund Mbilinyi; 1st Defendant: Registrar of Titles; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 March 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out for want of jurisdiction
Legal Topics
Jurisdiction, Appeals, Land Registration, Preliminary Objection
Source Language
English
Land Law Civil Procedure Jurisdiction Appeals Land Registration Preliminary Objection

Case Brief

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Parties

Abeid Saidi Abeid

1st Plaintiff

Joseph Osmund Mbilinyi

2nd Plaintiff

Registrar of Titles

1st Defendant

Commissioner for Lands

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the suit filed as an original action challenging the act of the Registrar of Titles under section 102 of the Land Registration Act

Ratio Decidendi

The High Court cannot assume jurisdiction to determine matters arising from complaints against decisions, orders, or acts of the Registrar of Titles unless moved by way of appeal as required by section 102 of the Land Registration Act. Filing a suit instead of an appeal is procedurally improper.

Court Disposition

Suit struck out for want of jurisdiction

Orders

  • Suit struck out
  • No order as to costs