irene madeja mlola vs masudi iddi shomari 2020 tzhclandd 2235 7 september 2020

irene madeja mlola vs masudi iddi shomari 2020 tzhclandd 2235 7 september 2020

Since both parties agreed that the decree has been satisfied and requested adjustment, the court is bound to grant the application and order correction of the land register to revert ownership to the previous owner.

Citation
irene madeja mlola vs masudi iddi shomari 2020 tzhclandd 2235 7 september 2020
Parties
Applicant/decree Holder: Irene Madeja Mlola; 1st Respondent/judgment Debtor: Masudiiddi Shomari; 2nd Respondent/judgment Debtor: Mahya Ally Msagati @ Iddy Mgaza Shomari; 3rd Respondent/judgment Debtor (deceased): Shomary Omari
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 September 2020
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Adjustment of Decree and Correction of Land Register
Outcome
Application granted
Legal Topics
Adjustment of Decree, Land Ownership, Execution of Judgment, Land Register Correction
Source Language
English
Land Law Civil Procedure Adjustment of Decree Land Ownership Execution of Judgment Land Register Correction

Case Brief

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Parties

Irene Madeja Mlola

Applicant/decree Holder

Masudiiddi Shomari

1st Respondent/judgment Debtor

Mahya Ally Msagati @ Iddy Mgaza Shomari

2nd Respondent/judgment Debtor

Shomary Omari

3rd Respondent/judgment Debtor (deceased)

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Adjustment of Decree and Correction of Land Register

Legal Issues

  1. 1 Whether the decree in Land Case No.90 of 2010 should be adjusted to reflect satisfaction of the decree
  2. 2 Whether the land register entry transferring ownership to the applicant should be struck off

Ratio Decidendi

Since both parties agreed that the decree has been satisfied and requested adjustment, the court is bound to grant the application and order correction of the land register to revert ownership to the previous owner.

Court Disposition

Application granted

Orders

  • Decree in Land Case No.90 of 2010 adjusted to reflect satisfaction and reversion of property to previous owner
  • Entry in the Land Register transferring ownership to the applicant struck off