19890210 TZHC Dar es Salaam

19890210 TZHC Dar es Salaam

The appellant cannot recover the land without paying compensation for the improvements made by Mkoyenge. The respondent is a bona fide purchaser for value without notice and cannot be disturbed in possession.

Citation
19890210 TZHC Dar es Salaam
Parties
Appellant: Appellant; Respondent: Respondent; Third Party: Harrisi Mkoyenge
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 February 1989
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Land Ownership, Improvements on Land, Compensation for Improvements, Bona Fide Purchaser
Source Language
English
Property Law Land Ownership Improvements on Land Compensation for Improvements Bona Fide Purchaser

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 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Appellant

Appellant

Respondent

Respondent

Harrisi Mkoyenge

Third Party

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to recover possession of the land without paying compensation for improvements made by Mkoyenge
  2. 2 Whether the respondent, as a bona fide purchaser for value, can be disturbed in possession

Ratio Decidendi

The appellant cannot recover the land without paying compensation for the improvements made by Mkoyenge. The respondent is a bona fide purchaser for value without notice and cannot be disturbed in possession.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs