fred masatu vs jane masatu others 2018 tzhc 2041 21 december 2018

fred masatu vs jane masatu others 2018 tzhc 2041 21 december 2018

The 1st defendant was not legally appointed as administratrix of the estate of Samwel Masatu and thus had no authority to transfer the property; all subsequent transactions, including the sale to the 2nd defendant and the mortgage to the 3rd defendant, were illegal and void; the Registrar of Titles must rectify the records to restore the deceased's name and discharge the mortgage.

Citation
fred masatu vs jane masatu others 2018 tzhc 2041 21 december 2018
Parties
Plaintiff: Fred Masatu; 1st Defendant: Jane Masatu; 2nd Defendant: Pamera Mukeira Bernard; 3rd Defendant: NIC Bank (T) Ltd; 4th Defendant: Mwanza City Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 December 2018
Procedural Posture
Land Case / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
Administration of Estates, Illegal Transfer of Property, Mortgage Validity, Rectification of Title, Limitation Period
Source Language
English
Land Law Succession Law Administration of Estates Illegal Transfer of Property Mortgage Validity Rectification of Title Limitation Period

Case Brief

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Parties

Fred Masatu

Plaintiff

Jane Masatu

1st Defendant

Pamera Mukeira Bernard

2nd Defendant

NIC Bank (T) Ltd

3rd Defendant

Mwanza City Council

4th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the disputed property Plot No. 106 Block F Nyakato Mwanza is the same as Plot No. 94 Block F Nyakato Mwanza
  2. 2 Whether the 1st defendant had lawful authority to transfer the disputed property to the 2nd defendant
  3. 3 Status of the transfer from the 1st defendant to the 2nd defendant and the mortgage between the 2nd defendant and the 3rd defendant

Ratio Decidendi

The 1st defendant was not legally appointed as administratrix of the estate of Samwel Masatu and thus had no authority to transfer the property; all subsequent transactions, including the sale to the 2nd defendant and the mortgage to the 3rd defendant, were illegal and void; the Registrar of Titles must rectify the records to restore the deceased's name and discharge the mortgage.

Court Disposition

Judgment for the plaintiff.

Orders

  • Declaration that the 1st defendant was not the administratrix of the estate of Samwel Masatu.
  • Sale by the 1st defendant to the 2nd defendant is nullified and set aside.