dominicus zimanimoto makukula vs dominica dominicus makukula others 2022 tzca 166 31 march 2022

dominicus zimanimoto makukula vs dominica dominicus makukula others 2022 tzca 166 31 march 2022

The appellant failed to prove valid transfer of the property from the original owner to his father. The handwritten note was not sufficiently authenticated, and the process for issuing the certificate of occupancy was flawed. Fraud was not proved in the issuance of the certificate to the first respondent, but both...

Source-derived case information.

Citation
dominicus zimanimoto makukula vs dominica dominicus makukula others 2022 tzca 166 31 march 2022
Parties
Appellant: Dominicus Zimanimoto Makukula; 1st Respondent: Dominica Dominicus Makukula; 2nd Respondent: Songea Municipal Council; 3rd Respondent: Commissioner for Lands, Ministry of Lands; 4th Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 March 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Title to Land, Fraud, Burden of Proof, Administration of Estates
Source Language
english
Land Law Civil Procedure Title to Land Fraud Burden of Proof Administration of Estates

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Summary, issues, holding and outcome

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Parties

Dominicus Zimanimoto Makukula

Appellant

Dominica Dominicus Makukula

1st Respondent

Songea Municipal Council

2nd Respondent

Commissioner for Lands, Ministry of Lands

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the original owner donated and handed over the demised premises to the late Dommy Dominicus Makukula
  2. 2 Whether the certificate of Title No. 28979 for 99 years was lawfully issued in favour of the late Dommy Dominukus Makukula
  3. 3 Whether the Certificate of Title No. 13084 MBYL was fraudulently issued to the first respondent

Ratio Decidendi

The appellant failed to prove valid transfer of the property from the original owner to his father. The handwritten note was not sufficiently authenticated, and the process for issuing the certificate of occupancy was flawed. Fraud was not proved in the issuance of the certificate to the first respondent, but both certificates were declared invalid due to procedural irregularities. The property reverts to the original owner.

Court Disposition

appeal dismissed

Orders

  • Certificate of occupancy issued to Dominicus Makukula (exhibit P4) declared invalid
  • Certificate of occupancy issued to Dominica Dominicus Makukula (exhibit D2) declared invalid