20041201 TZHC Arusha

The respondent failed to show cause or defend the caveat, and the evidence presented by the applicant was convincing and unchallenged. The caveat was not entered in good faith and should be removed.

Citation: 20041201 TZHC Arusha
Parties: Applicant: Francis Gerald Silveira; Respondent: John Peter Silveira
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 December 2004
Procedural Posture: Miscellaneous Civil Application / Ruling
Outcome: Application granted
Legal Topics: Caveat Removal, Land Registration, Procedure for Removal of Caveat
Source Language: English

Land Law Civil Procedure Caveat Removal Land Registration Procedure for Removal of Caveat

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Parties

Francis Gerald Silveira

Applicant

John Peter Silveira

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

1 Whether the caveat entered by the respondent should be removed under S.78(4) of the Land Registration Ordinance

Ratio Decidendi

The respondent failed to show cause or defend the caveat, and the evidence presented by the applicant was convincing and unchallenged. The caveat was not entered in good faith and should be removed.

Court Disposition

Application granted

Orders

The caveat entered by the respondent is removed.
The respondent to bear the costs of the application.