alex msama mwita vs moses david mabula another 2018 tzhclandd 548 17 august 2018

alex msama mwita vs moses david mabula another 2018 tzhclandd 548 17 august 2018

Plaintiff is the lawful owner of the suit premises as he purchased from the 1st defendant, who was the first to be allocated the plot, and there is no evidence of revocation or valid competing title; counterclaim and forgery allegations were unproven.

Citation
alex msama mwita vs moses david mabula another 2018 tzhclandd 548 17 august 2018
Parties
Plaintiff: Alex Msama Mwita; 1st Defendant: Moses David Mabula; 2nd Defendant: Paul Meenda Mushi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 August 2018
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff declared lawful owner; counterclaim dismissed; 1st defendant awarded costs; 2nd defendant to allow peaceful enjoyment; plaintiff and 2nd defendant to bear own costs.
Legal Topics
Ownership of Land, Double Allocation, Trespass, Burden of Proof, Forgery Allegations
Source Language
English
Land Law Ownership of Land Double Allocation Trespass Burden of Proof Forgery Allegations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

Alex Msama Mwita

Plaintiff

Moses David Mabula

1st Defendant

Paul Meenda Mushi

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Who is the lawful owner of Plot No.782 Msasani Beach area, Dar es Salaam City?
  2. 2 What reliefs are parties entitled to?

Ratio Decidendi

Plaintiff is the lawful owner of the suit premises as he purchased from the 1st defendant, who was the first to be allocated the plot, and there is no evidence of revocation or valid competing title; counterclaim and forgery allegations were unproven.

Court Disposition

Plaintiff declared lawful owner; counterclaim dismissed; 1st defendant awarded costs; 2nd defendant to allow peaceful enjoyment; plaintiff and 2nd defendant to bear own costs.

Orders

  • Plaintiff declared lawful owner of Plot No. 782, Msasani Beach Area, Kinondoni Municipality, Dar es Salaam City.
  • 1st defendant awarded costs of the suit.