adriano chenja vs renatha tigiya another 2022 tzhclandd 12505 24 october 2022

The 2nd respondent is a bonafide purchaser for value, having bought the suit land in good faith without notice of the appellant's interest, with confirmation from local leaders and no suspicious circumstances. The law protects such a purchaser, and the appellant's claims cannot stand. The 2nd respondent is the lawful owner of the suit land.

Citation: adriano chenja vs renatha tigiya another 2022 tzhclandd 12505 24 october 2022
Parties: Appellant: Adriano Chanja; 1st Respondent: Renatha Tigiya; 2nd Respondent: Hamu Koteki Mwakasola
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 24 October 2022
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: Appeal dismissed with costs
Legal Topics: Bonafide Purchaser, Agency, Title to Land, Misrepresentation, Remedies in Land Disputes
Source Language: English

Land Law Bonafide Purchaser Agency Title to Land Misrepresentation Remedies in Land Disputes

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2

Parties

Adriano Chanja

Appellant

Renatha Tigiya

1st Respondent

Hamu Koteki Mwakasola

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the 2nd respondent is a bonafide purchaser for value of the suit land
2 Whether the 1st respondent had authority to sell the suit land
3 Whether the appellant is entitled to recovery of the suit land

Ratio Decidendi

Court Disposition

Appeal dismissed with costs

Orders

Decision of the Tribunal upheld to the extent that the 2nd respondent is the lawful owner of the suit land