DEO THOMAS 2

DEO THOMAS 2

The appellant's certificate of title was issued by mistake, as the land was already allocated to and developed by the 1st respondent as compensation for land acquired by the government. The evidence established that the respondents were the lawful owners, and the exceptions to the general rule of registration as proof of ownership applied. The trial tribunal correctly evaluated the evidence and reached a proper decision.

Citation
DEO THOMAS 2
Parties
Appellant: Deo Thomas; 1st Respondent: Meeda Rajabu; 2nd Respondent: Bakari Ali Kipoto
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 September 2021
Procedural Posture
Land Appeal / Judgment on First Appeal
Outcome
Appeal dismissed
Legal Topics
Title to Land, Mistaken Allocation of Land, Proof of Ownership, Competing Claims to Land, Land Compensation
Source Language
English
Land Law Title to Land Mistaken Allocation of Land Proof of Ownership Competing Claims to Land Land Compensation

Case Brief

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Parties

Deo Thomas

Appellant

Meeda Rajabu

1st Respondent

Bakari Ali Kipoto

2nd Respondent

Procedural Posture

Land Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the appellant was the lawful owner of Plot No. 261 Block '4' with Title No. 110197 at Mivumoni area, Kinondoni District
  2. 2 Whether the respondents were lawfully declared owners of the disputed property
  3. 3 Whether the trial tribunal properly evaluated the evidence

Ratio Decidendi

The appellant's certificate of title was issued by mistake, as the land was already allocated to and developed by the 1st respondent as compensation for land acquired by the government. The evidence established that the respondents were the lawful owners, and the exceptions to the general rule of registration as proof of ownership applied. The trial tribunal correctly evaluated the evidence and reached a proper decision.

Court Disposition

Appeal dismissed

Orders

  • The decision of the District Land and Housing Tribunal is upheld.