20101122 TZHC Dar es Salaam

20101122 TZHC Dar es Salaam

Registrar of Titles had jurisdiction to rectify the land register upon finding that registration was obtained by fraud; limitation period did not bar rectification as fraud was discovered within time; subdivision and registration in equal shares was justified and not biased.

Citation
20101122 TZHC Dar es Salaam
Parties
Appellant: Adamali Hassanali Jariwalla; 1st Respondent: Registrar of Titles; 2nd Respondent: Attorney General; 3rd Respondent: Abdulsatar Esmail Tharia
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 November 2010
Procedural Posture
Miscellaneous Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Rectification of Land Register, Fraudulent Registration, Limitation of Actions, Ownership Dispute
Source Language
English
Property Law Land Law Civil Procedure Rectification of Land Register Fraudulent Registration Limitation of Actions Ownership Dispute

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Parties

Adamali Hassanali Jariwalla

Appellant

Registrar of Titles

1st Respondent

Attorney General

2nd Respondent

Abdulsatar Esmail Tharia

3rd Respondent

Procedural Posture

Miscellaneous Civil Appeal / Judgment

Legal Issues

  1. 1 Jurisdiction of Registrar of Titles to determine ownership disputes
  2. 2 Alleged bias in registration of land shares
  3. 3 Consideration of evidence regarding sale of share and development costs

Ratio Decidendi

Registrar of Titles had jurisdiction to rectify the land register upon finding that registration was obtained by fraud; limitation period did not bar rectification as fraud was discovered within time; subdivision and registration in equal shares was justified and not biased.

Court Disposition

appeal dismissed

Orders

  • each party to bear its own costs