19960212 TZHC Dar es Salaam

19960212 TZHC Dar es Salaam

There was no completed contract of sale between the plaintiff and the defendant as consent from the Commissioner for Lands had not been obtained, and the procedure for sale was not followed. The plaintiff was not entitled to specific performance or a temporary injunction. The only relief available was the return of the part payment made, less any outstanding rent.

Citation
19960212 TZHC Dar es Salaam
Parties
Plaintiff: Andrew Martin; Defendant: CRDB
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 February 1996
Procedural Posture
Civil / Ruling on Application for Temporary Injunction and Main Suit
Outcome
Application for temporary injunction dismissed; main suit for specific performance dismissed; order for refund of part payment less outstanding rent; costs awarded to defendant.
Legal Topics
Specific Performance, Sale of Immovable Property, Temporary Injunction, Consent of Land Commissioner
Source Language
English
Contract Law Property Law Specific Performance Sale of Immovable Property Temporary Injunction Consent of Land Commissioner

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Andrew Martin

Plaintiff

CRDB

Defendant

Procedural Posture

Civil / Ruling on Application for Temporary Injunction and Main Suit

Legal Issues

  1. 1 Whether the plaintiff is entitled to a temporary injunction restraining the sale of the suit premises
  2. 2 Whether the plaintiff is entitled to specific performance of the contract of sale of house No. 55 Msasani Peninsula
  3. 3 Whether the sale of the house without the consent of the Commissioner for Lands is valid

Ratio Decidendi

There was no completed contract of sale between the plaintiff and the defendant as consent from the Commissioner for Lands had not been obtained, and the procedure for sale was not followed. The plaintiff was not entitled to specific performance or a temporary injunction. The only relief available was the return of the part payment made, less any outstanding rent.

Court Disposition

Application for temporary injunction dismissed; main suit for specific performance dismissed; order for refund of part payment less outstanding rent; costs awarded to defendant.

Orders

  • Plaintiff to be refunded Tshs 5,000,000 by the defendant less any outstanding rent.
  • Costs of the suit awarded to the defendant.