hamisi chinyaka another vs commissioner for land others 2018 tzhclandd 538 10 august 2018

hamisi chinyaka another vs commissioner for land others 2018 tzhclandd 538 10 august 2018

The petition is incompetent due to failure to cite specific enabling provisions of the law and lack of cause of action against the Commissioner for Lands; only the Registrar of Titles is empowered to rectify the Land Register under the Land Registration Act.

Citation
hamisi chinyaka another vs commissioner for land others 2018 tzhclandd 538 10 august 2018
Parties
1st Petitioner: Hamis Chinyaka; 2nd Petitioner: Maxmillian S. Maganga (Administrators of Estate of the Late Lucas Mbuga); 1st Respondent: The Commissioner for Land; 2nd Respondent: The Attorney General; 3rd Respondent: Rose Martin Luwondo (Administrator of the Estate of the Late Martin Nehemia Luwondo); 4th Respondent: Daniel Isaya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 August 2018
Procedural Posture
Miscellaneous Land Petition / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Land Registration, Rectification of Land Register, Preliminary Objection, Cause of Action, Citation of Law
Source Language
English
Land Law Civil Procedure Land Registration Rectification of Land Register Preliminary Objection Cause of Action Citation of Law

Case Brief

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Parties

Hamis Chinyaka

1st Petitioner

Maxmillian S. Maganga (Administrators of Estate of the Late Lucas Mbuga)

2nd Petitioner

The Commissioner for Land

1st Respondent

The Attorney General

2nd Respondent

Rose Martin Luwondo (Administrator of the Estate of the Late Martin Nehemia Luwondo)

3rd Respondent

Daniel Isaya

4th Respondent

Procedural Posture

Miscellaneous Land Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition is competent for failure to cite specific enabling provisions of the law
  2. 2 Whether there is a cause of action against the Commissioner for Lands
  3. 3 Whether the Registrar of Titles is a necessary party for rectification of the Land Register

Ratio Decidendi

The petition is incompetent due to failure to cite specific enabling provisions of the law and lack of cause of action against the Commissioner for Lands; only the Registrar of Titles is empowered to rectify the Land Register under the Land Registration Act.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs