eligius kazimbaya vs pilli prisca mutani pilli prisca yangwe mutani another 2020 tzca 1886 4 december 2020

eligius kazimbaya vs pilli prisca mutani pilli prisca yangwe mutani another 2020 tzca 1886 4 december 2020

The sale of house No. 437 was valid as both seller and buyer complied with Society membership formalities, but the process was blocked by the appellant's caveat; mesne profits were not proved by evidence and cannot be awarded as claimed.

Citation
eligius kazimbaya vs pilli prisca mutani pilli prisca yangwe mutani another 2020 tzca 1886 4 december 2020
Parties
Appellant: Eligius Kazimbaya; 1st Respondent: Pilli Prisca Mutani @ Pilli Prisca Yangwe Mutani; 2nd Respondent: Peter Paul Kazimbaya
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 December 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed except for mesne profits; each party to bear own costs.
Legal Topics
Mesne Profits, Transfer of Property, Cooperative Society Membership, Formalities of Land Sale
Source Language
English
Property Law Civil Procedure Mesne Profits Transfer of Property Cooperative Society Membership Formalities of Land Sale

Case Brief

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Parties

Eligius Kazimbaya

Appellant

Pilli Prisca Mutani @ Pilli Prisca Yangwe Mutani

1st Respondent

Peter Paul Kazimbaya

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the sale of house No. 437 was valid without compliance with legal formalities
  2. 2 Whether mesne profits of Tshs. 200,000/= per month were properly awarded without proof

Ratio Decidendi

The sale of house No. 437 was valid as both seller and buyer complied with Society membership formalities, but the process was blocked by the appellant's caveat; mesne profits were not proved by evidence and cannot be awarded as claimed.

Court Disposition

Appeal dismissed except for mesne profits; each party to bear own costs.

Orders

  • Declaration that 1st respondent is owner of property
  • Order for appellant and relatives to give vacant possession