em trucking co ltd vs jitegemee trading co ltd another 2018 tzhclandd 369 22 june 2018

em trucking co ltd vs jitegemee trading co ltd another 2018 tzhclandd 369 22 june 2018

The plaintiff failed to prove ownership of the disputed land on the balance of probabilities. The 1st defendant proved ownership through a certificate of title and sale agreement. The plaintiff was a tenant under a lease agreement and is liable for rental arrears. The document purporting to show the 1st defendant...

Source-derived case information.

Citation
em trucking co ltd vs jitegemee trading co ltd another 2018 tzhclandd 369 22 june 2018
Parties
Plaintiff: E.M Trucking Co. Ltd; 1st Defendant: Jitegemee Trading Co. Ltd; 2nd Defendant: Majembe Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 June 2018
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs; counterclaim allowed.
Legal Topics
Ownership of Land, Lease Agreements, Burden of Proof, Fraud and Forgery, Counterclaim for Rent Arrears
Source Language
english
Land Law Contract Law Evidence Law Ownership of Land Lease Agreements Burden of Proof Fraud and Forgery Counterclaim for Rent Arrears

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Parties

E.M Trucking Co. Ltd

Plaintiff

Jitegemee Trading Co. Ltd

1st Defendant

Majembe Auction Mart

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the lawful owner of Plot No. 2360 at Bonde la Buguruni, Ilala Municipality, Dar es Salaam.
  2. 2 Whether the 1st defendant admitted to leasing a wrong plot and promised to lease another plot and refund costs to the plaintiff.
  3. 3 Whether Plot No. 2360 is the same as Plot No. 1010.

Ratio Decidendi

The plaintiff failed to prove ownership of the disputed land on the balance of probabilities. The 1st defendant proved ownership through a certificate of title and sale agreement. The plaintiff was a tenant under a lease agreement and is liable for rental arrears. The document purporting to show the 1st defendant admitted to leasing the wrong plot was found to be forged. The counterclaim for rental arrears succeeds.

Court Disposition

Suit dismissed with costs; counterclaim allowed.

Orders

  • Plaintiff to pay the 1st defendant USD 1,687,200 as rental arrears for May 2009 to March 2018.
  • Plaintiff to pay mesne profits from May 2009.