19891204 TZHC Dar es Salaam 1

19891204 TZHC Dar es Salaam 1

The sale of the matrimonial house was void ab initio as it was conducted without the required statutory consent from the Director of Land Development Services. Consequently, the order for specific performance and the resulting eviction were null and void. The 2nd applicant, not being a party to the original suit and not time-barred, is entitled to reinstatement.

Citation
19891204 TZHC Dar es Salaam 1
Parties
1st Applicant/vendor: Frochas Nyakuld; 2nd Applicant/wife of Vendor: Sheela Mirambo; Respondent/purchaser: Mbaruk M. Mbaruk
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 1989
Procedural Posture
Civil Revision / Ruling on Revision Application
Outcome
Application allowed; lower court's decision set aside.
Legal Topics
Specific Performance, Eviction, Matrimonial Property, Consent for Sale of Land, Time Barred Proceedings
Source Language
English
Property Law Family Law Civil Procedure Specific Performance Eviction Matrimonial Property Consent for Sale of Land Time Barred Proceedings

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Parties

Frochas Nyakuld

1st Applicant/vendor

Sheela Mirambo

2nd Applicant/wife of Vendor

Mbaruk M. Mbaruk

Respondent/purchaser

Procedural Posture

Civil Revision / Ruling on Revision Application

Legal Issues

  1. 1 Whether the sale of matrimonial house without consent of the Director of Land Development Services is valid
  2. 2 Whether specific performance can be ordered in absence of statutory consent
  3. 3 Whether eviction of the 2nd applicant (wife) was lawful

Ratio Decidendi

The sale of the matrimonial house was void ab initio as it was conducted without the required statutory consent from the Director of Land Development Services. Consequently, the order for specific performance and the resulting eviction were null and void. The 2nd applicant, not being a party to the original suit and not time-barred, is entitled to reinstatement.

Court Disposition

Application allowed; lower court's decision set aside.

Orders

  • Order for specific performance and eviction set aside as null and void.
  • Applicants to be reinstated in the suit house forthwith.