20090521 TZCA Dar es Salaam

20090521 TZCA Dar es Salaam

The Court found that legal ownership of the property is not perfected until registration under the Land Registration Act is completed. The respondent's claim to ownership based solely on a sale agreement was insufficient in law to override the appellants' registered interest.

Citation
20090521 TZCA Dar es Salaam
Parties
Appellant: Farida Mbaraka; Appellant: Farid Ahmed Mbarak; Respondent: Domina Kagaruki
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 May 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Ownership of Land, Registration of Title, Sale Agreements, Transfer of Right of Occupancy
Source Language
English
Land Law Civil Procedure Ownership of Land Registration of Title Sale Agreements Transfer of Right of Occupancy

Case Brief

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Parties

Farida Mbaraka

Appellant

Farid Ahmed Mbarak

Appellant

Domina Kagaruki

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondent is the legal owner of the property before registration under the Land Registration Act
  2. 2 Whether the property comprised in CT No. 186030/6 was lawfully transferred to the appellants

Ratio Decidendi

The Court found that legal ownership of the property is not perfected until registration under the Land Registration Act is completed. The respondent's claim to ownership based solely on a sale agreement was insufficient in law to override the appellants' registered interest.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Respondent's claim to legal ownership dismissed