JUDGMENT EZRAY LALIKA VS NYELELE MZOZYA AND ANOTHER LAND APPEAL NO 3652 OF 2024

JUDGMENT EZRAY LALIKA VS NYELELE MZOZYA AND ANOTHER LAND APPEAL NO 3652 OF 2024

The appeal is dismissed because the dispute over Plot No. 138 was already settled by a consent judgment in Application No. 22/2009, rendering the matter res judicata and barring further appeal. The appellant failed to prove the certificate was not separated, failed to prove lack of mortgagee consent, and failed to...

Source-derived case information.

Citation
JUDGMENT EZRAY LALIKA VS NYELELE MZOZYA AND ANOTHER LAND APPEAL NO 3652 OF 2024
Parties
Appellant: Ezray Lalika; 1st Respondent: Nyelele Mzozya Mzumbwe; 2nd Respondent: Nyakusanja Chagunya Mugire
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Certificate of Title, Separation of Title, Mortgage Consent, Res Judicata, Consent Judgment, Burden of Proof
Source Language
english
Land Law Civil Procedure Certificate of Title Separation of Title Mortgage Consent Res Judicata Consent Judgment Burden of Proof

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Parties

Ezray Lalika

Appellant

Nyelele Mzozya Mzumbwe

1st Respondent

Nyakusanja Chagunya Mugire

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Certificate of Title No. 6346 MBYLR is still in existence and covers both Plot No. 137 and 138
  2. 2 Whether separation of the certificate and transfer of Plot No. 138 was lawful, especially during mortgage
  3. 3 Whether the trial tribunal erred in not summoning the Commissioner for Lands

Ratio Decidendi

The appeal is dismissed because the dispute over Plot No. 138 was already settled by a consent judgment in Application No. 22/2009, rendering the matter res judicata and barring further appeal. The appellant failed to prove the certificate was not separated, failed to prove lack of mortgagee consent, and failed to establish any procedural or evidentiary error by the trial tribunal. The evidence favored the respondents, confirming the 2nd respondent as the lawful owner.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondents