bukombe abdallah hassan vs evod mallya 2019 tzhc 34 24 october 2019

Plaintiff, as administrator of the estate of Abdallah Hassan, is the lawful owner of the disputed property; defendant's actions lacked legal basis and perpetual injunction is warranted.

Citation: bukombe abdallah hassan vs evod mallya 2019 tzhc 34 24 october 2019
Parties: Plaintiff: Bukombe Abdallah Hassan; Defendant: Evod Mallya
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 October 2019
Procedural Posture: Land Case / Final Judgment
Outcome: judgment for plaintiff
Legal Topics: Declaratory Relief, Injunction, Administration of Estates, Ownership Dispute
Source Language: English

Property Law Declaratory Relief Injunction Administration of Estates Ownership Dispute

Case Brief

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Parties

Bukombe Abdallah Hassan

Plaintiff

Evod Mallya

Defendant

Procedural Posture

Land Case / Final Judgment

Legal Issues

1 Lawful ownership of Plot No. 13 Block 'C' Ndanda Street, Kariakoo area, Ilala Municipality, Dar es Salaam
2 Entitlement to reliefs including injunction and costs

Ratio Decidendi

Plaintiff, as administrator of the estate of Abdallah Hassan, is the lawful owner of the disputed property; defendant's actions lacked legal basis and perpetual injunction is warranted.

Court Disposition

judgment for plaintiff

Orders

Plaintiff declared lawful owner of Plot No. 13 Block 'C' Ndanda Street, Kariakoo area, Ilala Municipality, Dar es Salaam
Perpetual injunction restraining defendant and agents from interfering with possession and use of the property