abdallah iddi mchekwa vs ally saidi mbegu administrator of the estate of the late asha ali pazi 2023 tzhclandd 16654 27 june 2023

abdallah iddi mchekwa vs ally saidi mbegu administrator of the estate of the late asha ali pazi 2023 tzhclandd 16654 27 june 2023

The dispute was resolved by mutual agreement of the parties, recorded as a consent judgment, with terms for sale of the property, settlement of outstanding loan, and distribution of proceeds, thereby settling all claims in the suit.

Citation
abdallah iddi mchekwa vs ally saidi mbegu administrator of the estate of the late asha ali pazi 2023 tzhclandd 16654 27 june 2023
Parties
Plaintiff: ABDALLAH IDDI MCHEKWA; 1st Defendant: ALLY SAIDI MBEGU (Administrator of the Estate of the Late ASHA ALIPAZI); 2nd Defendant: MNAYENU KASSIM; 3rd Defendant: REHEMA SEIF LUAMBO; 4th Defendant: ZANE MICRO CREDIT LTD; 5th Defendant: AHMED HUSSEIN ABDULKARIM; 6th Defendant: COMISSIONER FOR LANDS; 7th Defendant: THE HON. ATTORNEY GENERAL; 8th Defendant: MARK AUCTIONEER AND COURT BROKERS COMPANY LIMITED
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 June 2023
Procedural Posture
Land Case / Consent Judgment
Outcome
matter settled by consent judgment
Legal Topics
Ownership Dispute, Unlawful Transfer, Mortgage Default, Auction Process, Settlement
Source Language
English
Land Law Ownership Dispute Unlawful Transfer Mortgage Default Auction Process Settlement

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Parties

ABDALLAH IDDI MCHEKWA

Plaintiff

ALLY SAIDI MBEGU (Administrator of the Estate of the Late ASHA ALIPAZI)

1st Defendant

MNAYENU KASSIM

2nd Defendant

REHEMA SEIF LUAMBO

3rd Defendant

ZANE MICRO CREDIT LTD

4th Defendant

AHMED HUSSEIN ABDULKARIM

5th Defendant

COMISSIONER FOR LANDS

6th Defendant

THE HON. ATTORNEY GENERAL

7th Defendant

MARK AUCTIONEER AND COURT BROKERS COMPANY LIMITED

8th Defendant

Procedural Posture

Land Case / Consent Judgment

Legal Issues

  1. 1 Whether the plaintiff is the bonafide purchaser and owner of the suit land
  2. 2 Whether the 5th defendant owns the suit land unlawfully
  3. 3 Whether the 1st, 2nd and 3rd defendants unlawfully transferred the suit land to the 5th defendant

Ratio Decidendi

The dispute was resolved by mutual agreement of the parties, recorded as a consent judgment, with terms for sale of the property, settlement of outstanding loan, and distribution of proceeds, thereby settling all claims in the suit.

Court Disposition

matter settled by consent judgment

Orders

  • The landed property (Plot No. 734, Block B, Kinyerezi Area) to be sold at not less than Tshs.200,000,000.
  • Upon sale, Tshs.70,000,000 to be paid to the 4th defendant to recover the loan and costs.