abdallah khamis rashid vs columba tarimo administratrix of the estate of the late eliuther alphonce tarimo 2021 tzhclandd 808 8 november 2021

abdallah khamis rashid vs columba tarimo administratrix of the estate of the late eliuther alphonce tarimo 2021 tzhclandd 808 8 november 2021

Plaintiff failed to prove the existence and validity of the sale agreement and did not call material witnesses to support his claim; thus, no contract of sale was established and the property did not transfer from the late Eleuther Alphonce Tarimo to the plaintiff.

Citation
abdallah khamis rashid vs columba tarimo administratrix of the estate of the late eliuther alphonce tarimo 2021 tzhclandd 808 8 november 2021
Parties
Plaintiff: Abdallah Khamis Rashid; 1st Defendant: Columba Tarimo (As an Administratix of the Estate of the late Eliuther Alphonse Tarimo); 2nd Defendant: Kayunga Magulu Mungo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 November 2021
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's case dismissed with costs.
Legal Topics
Ownership of Land, Validity of Sale Agreement, Burden of Proof, Admissibility of Evidence
Source Language
English
Land Law Civil Procedure Ownership of Land Validity of Sale Agreement Burden of Proof Admissibility of Evidence

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Parties

Abdallah Khamis Rashid

Plaintiff

Columba Tarimo (As an Administratix of the Estate of the late Eliuther Alphonse Tarimo)

1st Defendant

Kayunga Magulu Mungo

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether there was a contract of sale of the suit property between the plaintiff and the late Eleuther Alphonce Tarimo
  2. 2 Whether the defendants have trespassed into the property in dispute
  3. 3 Who is the lawful owner of the suit property

Ratio Decidendi

Plaintiff failed to prove the existence and validity of the sale agreement and did not call material witnesses to support his claim; thus, no contract of sale was established and the property did not transfer from the late Eleuther Alphonce Tarimo to the plaintiff.

Court Disposition

Plaintiff's case dismissed with costs.

Orders

  • Plaintiff's suit is dismissed with costs.