amos njile lili vs mwanza city council 4 others 2017 tzhc 2029 30 november 2017

amos njile lili vs mwanza city council 4 others 2017 tzhc 2029 30 november 2017

The survey leading to certificate of title No. 45296 was invalid for violating the court order; the challenge to rectification by suit was incompetent as jurisdiction lies only by appeal under section 99(1) of the Land Registration Act.

Citation
amos njile lili vs mwanza city council 4 others 2017 tzhc 2029 30 november 2017
Parties
Plaintiff: Amos Njile Lili; 1st Defendant: Mwanza City Council; 2nd Defendant: Nyanza Cooperative Union (1984) Ltd; 3rd Defendant: Commissioner for Land; 4th Defendant: Registrar of Title; 5th Defendant: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 2017
Procedural Posture
Land Case / Final Judgment
Outcome
suit dismissed with costs
Legal Topics
Rectification of Land Register, Compliance With Court Orders, Jurisdiction, Sale by Public Auction
Source Language
English
Land Law Civil Procedure Rectification of Land Register Compliance With Court Orders Jurisdiction Sale by Public Auction

Case Brief

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Parties

Amos Njile Lili

Plaintiff

Mwanza City Council

1st Defendant

Nyanza Cooperative Union (1984) Ltd

2nd Defendant

Commissioner for Land

3rd Defendant

Registrar of Title

4th Defendant

Hon. Attorney General

5th Defendant

Procedural Posture

Land Case / Final Judgment

Legal Issues

  1. 1 Whether the survey leading to the grant of certificate of title No. 45296 complied with the court order in exhibit P-2
  2. 2 Whether the rectification of the land register by the third defendant was lawful and challengeable by suit

Ratio Decidendi

The survey leading to certificate of title No. 45296 was invalid for violating the court order; the challenge to rectification by suit was incompetent as jurisdiction lies only by appeal under section 99(1) of the Land Registration Act.

Court Disposition

suit dismissed with costs

Orders

  • Declaratory order issued clarifying the property boundaries as the Godown facing Mwanza Shinyanga Main Road, its back space separated by a railway line, and four meters space on the right side of the Godown.
  • Third and fourth defendants entitled to proceed with resurvey of the suit property in accordance with the declaration.