JUDGMENT OF BAKWATA TUNDUMA VS ANSAAR YOUTH CENTRE FINAL

JUDGMENT OF BAKWATA TUNDUMA VS ANSAAR YOUTH CENTRE FINAL

The counterclaimant failed to prove that Said Mohamed Matumla had good title to the suit land to pass via wakfu; the process of registration was tainted by pending litigation and lack of evidence on the origin of title. The certificate of occupancy was obtained illegally and is declared null and void. BAKWATA is declared the lawful owner.

Citation
JUDGMENT OF BAKWATA TUNDUMA VS ANSAAR YOUTH CENTRE FINAL
Parties
Plaintiff/defendant: The Registered Trustee of Baraza Kuu la Waislam (BAKWATA); 1st Defendant: Rehema Mwalwisi (as the administratrix of the estate of the late Said Mohamed Matumla); 2nd Defendant/plaintiff (counterclaim): The Registered Trustees of Ansaar Muslim Youth Centre; 3rd Defendant: Mbozi District Council; 4th Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 May 2022
Procedural Posture
Land Case / Judgment After Trial on Counterclaim; Main Suit Struck Out at Preliminary Objection Stage
Outcome
Counterclaim dismissed. Certificate of occupancy in favour of Ansaar Muslim Youth Centre declared null and void. BAKWATA declared lawful owner. No order as to costs.
Legal Topics
Ownership of Land, Wakfu (islamic Endowment), Title Registration, Burden of Proof, Counterclaim Procedure
Source Language
English
Land Law Civil Procedure Ownership of Land Wakfu (islamic Endowment) Title Registration Burden of Proof Counterclaim Procedure

Case Brief

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Parties

The Registered Trustee of Baraza Kuu la Waislam (BAKWATA)

Plaintiff/defendant

Rehema Mwalwisi (as the administratrix of the estate of the late Said Mohamed Matumla)

1st Defendant

The Registered Trustees of Ansaar Muslim Youth Centre

2nd Defendant/plaintiff (counterclaim)

Mbozi District Council

3rd Defendant

The Attorney General

4th Defendant

Procedural Posture

Land Case / Judgment After Trial on Counterclaim; Main Suit Struck Out at Preliminary Objection Stage

Legal Issues

  1. 1 Who is the lawful owner of Plot No. 9 Block 'A', Tunduma?
  2. 2 Whether the plaintiff (counterclaimant) acquired good title through wakfu?
  3. 3 Whether the certificate of occupancy was lawfully obtained?

Ratio Decidendi

The counterclaimant failed to prove that Said Mohamed Matumla had good title to the suit land to pass via wakfu; the process of registration was tainted by pending litigation and lack of evidence on the origin of title. The certificate of occupancy was obtained illegally and is declared null and void. BAKWATA is declared the lawful owner.

Court Disposition

Counterclaim dismissed. Certificate of occupancy in favour of Ansaar Muslim Youth Centre declared null and void. BAKWATA declared lawful owner. No order as to costs.

Orders

  • Registration of suit land in favour of Ansaar Muslim Youth Centre and certificate of occupancy (Exhibit P5) declared null and void.
  • The Registered Trustee of Baraza Kuu la Waislam (BAKWATA) declared lawful owner of Plot No. 9 Block 'A', Tunduma Urban area Sumbawanga, Unyamwanga street Tunduma.