beth nzoka vs attorney general 3 others 2021 tzhclandd 6845 16 december 2021

beth nzoka vs attorney general 3 others 2021 tzhclandd 6845 16 december 2021

The caveator failed to appear or show cause despite due notice; the applicant's interest is established by a tribunal decree; the law permits removal of the caveat in these circumstances.

Citation
beth nzoka vs attorney general 3 others 2021 tzhclandd 6845 16 december 2021
Parties
Applicant: Beth Nzoka; 1st Respondent: Attorney General; 2nd Respondent: Registrar of Titles; 3rd Respondent: Joseph Bulali (also known as Joseph Bulali Chambaluya); 4th Respondent: Issa Esmail Choka Manambi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 December 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Remove Caveat
Outcome
Application granted
Legal Topics
Removal of Caveat, Land Registration, Ex Parte Proceedings
Source Language
English
Land Law Civil Procedure Removal of Caveat Land Registration Ex Parte Proceedings

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Parties

Beth Nzoka

Applicant

Attorney General

1st Respondent

Registrar of Titles

2nd Respondent

Joseph Bulali (also known as Joseph Bulali Chambaluya)

3rd Respondent

Issa Esmail Choka Manambi

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Remove Caveat

Legal Issues

  1. 1 Whether the caveat registered by the 4th respondent should be removed from the suit land

Ratio Decidendi

The caveator failed to appear or show cause despite due notice; the applicant's interest is established by a tribunal decree; the law permits removal of the caveat in these circumstances.

Court Disposition

Application granted

Orders

  • Registrar of Titles is ordered to remove the caveat registered by Issa Esmail Choka Manambi in respect of Plot No. 234 Block 43 Kijitonyama, Dar es Salaam under Certificate of Title No. 100061.
  • No order as to costs.