abdulhaman hadumn hussein another vs abdulhaman hadumn hussein 2018 tzhclandd 492 24 august 2018

abdulhaman hadumn hussein another vs abdulhaman hadumn hussein 2018 tzhclandd 492 24 august 2018

The 2nd Plaintiff, Ahmed Ali Mbarak, is the lawful owner of the disputed plot as evidenced by the registered Certificate of Occupancy. Plaintiffs failed to strictly prove fraud against the Defendant to the required legal standard. Plaintiffs are entitled to general damages and costs due to the loss and injury suffered.

Citation
abdulhaman hadumn hussein another vs abdulhaman hadumn hussein 2018 tzhclandd 492 24 august 2018
Parties
1st Plaintiff: Abdulrahman Hadun Hussein; 2nd Plaintiff: Ahmed Ali Mbarak; Defendant: Abdulrahman Hadun Hussen
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 August 2018
Procedural Posture
Land Case / Judgment After Ex Parte Hearing
Outcome
Judgment for Plaintiffs in part
Legal Topics
Ownership of Land, Fraudulent Title Registration, General Damages, Burden of Proof
Source Language
English
Land Law Civil Procedure Ownership of Land Fraudulent Title Registration General Damages Burden of Proof

Case Brief

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Parties

Abdulrahman Hadun Hussein

1st Plaintiff

Ahmed Ali Mbarak

2nd Plaintiff

Abdulrahman Hadun Hussen

Defendant

Procedural Posture

Land Case / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Who is the lawful owner of Plot No. 53 Block M, Kariakoo, Dar es Salaam with CT No. 37765 LO No. 127696?
  2. 2 Whether the Defendant fraudulently procured another Certificate of Title over the suit land?
  3. 3 Whether the Plaintiffs are entitled to general damages and costs?

Ratio Decidendi

The 2nd Plaintiff, Ahmed Ali Mbarak, is the lawful owner of the disputed plot as evidenced by the registered Certificate of Occupancy. Plaintiffs failed to strictly prove fraud against the Defendant to the required legal standard. Plaintiffs are entitled to general damages and costs due to the loss and injury suffered.

Court Disposition

Judgment for Plaintiffs in part

Orders

  • Declaration that the 2nd Plaintiff is the lawful owner of Plot No. 53 Block M, Kariakoo, Dar es Salaam with CT No. 37765 LO No. 127696.
  • General damages of TZS 10,000,000 awarded to Plaintiffs.