abdallah irunde vs msunga mtunda and another 2021 tzhc 2488 5 march 2021

The 2nd respondent did not have good title to the land and could not transfer ownership to the appellant; the appellant purchased at his own risk and cannot claim ownership from the true owner.

Citation: abdallah irunde vs msunga mtunda and another 2021 tzhc 2488 5 march 2021
Parties: Appellant: Abdallah Irunde; 1st Respondent: Msunga Ntunda; 2nd Respondent: Abeid Msunga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 5 March 2021
Procedural Posture: Miscellaneous Land Case Appeal / Judgment on Appeal
Outcome: Appeal dismissed with costs
Legal Topics: Title to Land, Void Sale, Caveat Emptor, Restitution of Purchase Price
Source Language: English

Land Law Title to Land Void Sale Caveat Emptor Restitution of Purchase Price

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2

Parties

Abdallah Irunde

Appellant

Msunga Ntunda

1st Respondent

Abeid Msunga

2nd Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal

Legal Issues

1 Whether the 2nd respondent had good title to sell the disputed land to the appellant
2 Whether the appellant is entitled to ownership or compensation based on the current market value

Ratio Decidendi

The 2nd respondent did not have good title to the land and could not transfer ownership to the appellant; the appellant purchased at his own risk and cannot claim ownership from the true owner.

Court Disposition

Appeal dismissed with costs