ahmednoor mohamed ally vs christopher h lugiko 2013 tzhclandd 13 15 october 2013

ahmednoor mohamed ally vs christopher h lugiko 2013 tzhclandd 13 15 october 2013

The appellant, having purchased the suit house from the government, is the lawful owner and entitled to vacant possession and mesne profits, as the condition of formal transfer binds only the contracting parties and not third parties such as the respondent.

Citation
ahmednoor mohamed ally vs christopher h lugiko 2013 tzhclandd 13 15 october 2013
Parties
Appellant: Ahmednoor Mohamed Ally; Respondent: Christopher H. Lugiko
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 October 2013
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Transfer of Title, Vacant Possession, Mesne Profits, Locus Standi, Res Judicata
Source Language
English
Land Law Transfer of Title Vacant Possession Mesne Profits Locus Standi Res Judicata

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Parties

Ahmednoor Mohamed Ally

Appellant

Christopher H. Lugiko

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant is entitled to vacant possession of the suit house despite incomplete formal transfer of title
  2. 2 Whether the appellant is entitled to mesne profits
  3. 3 Whether the doctrine of res judicata applies to bar the appeal

Ratio Decidendi

The appellant, having purchased the suit house from the government, is the lawful owner and entitled to vacant possession and mesne profits, as the condition of formal transfer binds only the contracting parties and not third parties such as the respondent.

Court Disposition

Appeal allowed

Orders

  • Respondent to give vacant possession of the suit house immediately and unconditionally
  • Respondent to pay mesne profits of TZS 100,000 monthly to the appellant from the date of filing the application in the DLHT until full vacant possession is given