anna alphonce kasembe vs dora kawawa administratrix of estates of late secilius edward fussi deceased 2020 tzhclandd 3959 11 december 2020

anna alphonce kasembe vs dora kawawa administratrix of estates of late secilius edward fussi deceased 2020 tzhclandd 3959 11 december 2020

Plaintiff failed to prove lawful ownership of the disputed land on the balance of probabilities, as her status was at best that of a licensee and not a title holder; the court cannot declare title in her favor without proper legal standing or administration of the estate.

Citation
anna alphonce kasembe vs dora kawawa administratrix of estates of late secilius edward fussi deceased 2020 tzhclandd 3959 11 december 2020
Parties
Plaintiff: Anna Alphonce Kasembe; 1st Defendant: Dora Kawawa (Administratrix of Estates of late Secilius Edward Fussi - Deceased); 2nd Defendant: Modest David Chonapi Mapunda; 3rd Defendant: Elly Gift S. Fusi; 4th Defendant: Brickhouse Company Ltd; 5th Defendant: Jones Secilius Edward Fusi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 December 2020
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's case dismissed with costs.
Legal Topics
Ownership of Land, Title to Land, Declaratory Relief, Permanent Injunction, Eviction, General Damages, Costs
Source Language
English
Land Law Ownership of Land Title to Land Declaratory Relief Permanent Injunction Eviction General Damages Costs

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Parties

Anna Alphonce Kasembe

Plaintiff

Dora Kawawa (Administratrix of Estates of late Secilius Edward Fussi - Deceased)

1st Defendant

Modest David Chonapi Mapunda

2nd Defendant

Elly Gift S. Fusi

3rd Defendant

Brickhouse Company Ltd

4th Defendant

Jones Secilius Edward Fusi

5th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Who is the lawful owner of the disputed land?
  2. 2 What reliefs are the parties entitled to?

Ratio Decidendi

Plaintiff failed to prove lawful ownership of the disputed land on the balance of probabilities, as her status was at best that of a licensee and not a title holder; the court cannot declare title in her favor without proper legal standing or administration of the estate.

Court Disposition

Plaintiff's case dismissed with costs.

Orders

  • Plaintiff's suit is dismissed with costs.