halima m khalifa vs regina raymond mallya and2 others 2021 tzhclandd 494 24 september 2021

halima m khalifa vs regina raymond mallya and2 others 2021 tzhclandd 494 24 september 2021

The trial Tribunal erred in granting reliefs not specifically prayed for by ordering transfer of the appellant's share in the suit property to the 1st respondent, as such relief was not claimed and would unjustly affect other joint owners. The irregularity regarding assessor attendance did not occasion a failure of justice and was curable under the law. The sale of the property was unlawful due to lack of consent from all joint owners, but the appropriate relief is refund of the purchase price, not transfer of property share.

Citation
halima m khalifa vs regina raymond mallya and2 others 2021 tzhclandd 494 24 september 2021
Parties
Appellant: Halima M. Khalifa; 1st Respondent: Regina Raymond Mallya; 2nd Respondent: Mariam M. Khalifa; 3rd Respondent: Ramadhani M. Khalifa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 September 2021
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal partly allowed
Legal Topics
Joint Ownership, Sale of Property, Burden of Proof, Relief Beyond Pleadings, Role of Assessors, Irregularity in Proceedings
Source Language
English
Land Law Civil Procedure Joint Ownership Sale of Property Burden of Proof Relief Beyond Pleadings Role of Assessors Irregularity in Proceedings

Case Brief

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Parties

Halima M. Khalifa

Appellant

Regina Raymond Mallya

1st Respondent

Mariam M. Khalifa

2nd Respondent

Ramadhani M. Khalifa

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial Tribunal erred by granting reliefs not prayed for
  2. 2 Whether the sale of the suit property was lawful
  3. 3 Whether the trial Tribunal erred in evaluating evidence regarding joint ownership and consent

Ratio Decidendi

The trial Tribunal erred in granting reliefs not specifically prayed for by ordering transfer of the appellant's share in the suit property to the 1st respondent, as such relief was not claimed and would unjustly affect other joint owners. The irregularity regarding assessor attendance did not occasion a failure of justice and was curable under the law. The sale of the property was unlawful due to lack of consent from all joint owners, but the appropriate relief is refund of the purchase price, not transfer of property share.

Court Disposition

Appeal partly allowed

Orders

  • Relief order and decree of the trial Tribunal dated 5th October 2016 set aside
  • No order as to costs