denis mureithi mvumbaguh v christine skytte mkwaya another 2024 tzhclandd 32 22 february 2024

denis mureithi mvumbaguh v christine skytte mkwaya another 2024 tzhclandd 32 22 february 2024

The Second Defendant had already surrendered her title and had no legal title to pass to the Plaintiff at the time of the purported sale; thus, the sale was void ab initio and the Plaintiff did not acquire lawful ownership. However, the Plaintiff is entitled to a refund of the purchase price and damages due to the conduct of the Second Defendant and the loss suffered.

Citation
denis mureithi mvumbaguh v christine skytte mkwaya another 2024 tzhclandd 32 22 february 2024
Parties
Plaintiff: Denis Mureithi Mvumbaguh; First Defendant: Christine Skytte Mkwaya; Second Defendant: Arapha Hamidu Chokola @ Arafa Hamidu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 February 2024
Procedural Posture
Land Case / Judgment
Outcome
Suit granted in part against the Second Defendant; dismissed as to declaration of ownership.
Legal Topics
Title to Land, Void Sale, Damages, Objection Proceedings, Restitution
Source Language
English
Land Law Contract Law Civil Procedure Title to Land Void Sale Damages Objection Proceedings Restitution

Case Brief

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Parties

Denis Mureithi Mvumbaguh

Plaintiff

Christine Skytte Mkwaya

First Defendant

Arapha Hamidu Chokola @ Arafa Hamidu

Second Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the Second Defendant had good title over Plot No. P21135, Title No. DSMT 1012935 to pass to the Plaintiff
  2. 2 Whether the sale of the suit land between the Plaintiff and Second Defendant was valid in law
  3. 3 Whether the Plaintiff is the lawful owner of the disputed property

Ratio Decidendi

The Second Defendant had already surrendered her title and had no legal title to pass to the Plaintiff at the time of the purported sale; thus, the sale was void ab initio and the Plaintiff did not acquire lawful ownership. However, the Plaintiff is entitled to a refund of the purchase price and damages due to the conduct of the Second Defendant and the loss suffered.

Court Disposition

Suit granted in part against the Second Defendant; dismissed as to declaration of ownership.

Orders

  • Second Defendant to refund Plaintiff Tshs 70,000,000 as purchase price with 20% interest per month from 28/04/2020 to date of judgment
  • Second Defendant to pay general damages of Tshs 500,000,000 with 7% interest per annum from date of judgment to full satisfaction