halima simbasalumu vs zacharia ramadhani administratix of the estate of the late ramadhani ally yakubu and 3 others 2021 tzhclandd 6763 16 november 2021

halima simbasalumu vs zacharia ramadhani administratix of the estate of the late ramadhani ally yakubu and 3 others 2021 tzhclandd 6763 16 november 2021

The trial tribunal erred by relying on age and demeanor instead of evidence; the appellant, as a bonafide purchaser for value, is the lawful owner since the respondent failed to prove ownership on balance of probabilities.

Citation
halima simbasalumu vs zacharia ramadhani administratix of the estate of the late ramadhani ally yakubu and 3 others 2021 tzhclandd 6763 16 november 2021
Parties
Appellant: Halima Simba Salum; 1st Respondent: Zaria Ramadhani Yakubu (As Administratix of the estate of the late Ramadhan Ali Yakubu); 2nd Respondent: Saidi Ramadhani Haji; 3rd Respondent: National Microfinance Bank (Mbagala Branch); 4th Respondent: Haji Habibu Mkumbwa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 November 2021
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Bonafide Purchaser, Burden of Proof, Ownership Dispute, Mortgage, Auction Sale
Source Language
English
Property Law Civil Procedure Bonafide Purchaser Burden of Proof Ownership Dispute Mortgage Auction Sale

Case Brief

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Parties

Halima Simba Salum

Appellant

Zaria Ramadhani Yakubu (As Administratix of the estate of the late Ramadhan Ali Yakubu)

1st Respondent

Saidi Ramadhani Haji

2nd Respondent

National Microfinance Bank (Mbagala Branch)

3rd Respondent

Haji Habibu Mkumbwa

4th Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant is the lawful owner of the suit property
  2. 2 Whether the trial tribunal erred in evaluating evidence and applying the law
  3. 3 Whether the sale and mortgage transactions were lawful

Ratio Decidendi

The trial tribunal erred by relying on age and demeanor instead of evidence; the appellant, as a bonafide purchaser for value, is the lawful owner since the respondent failed to prove ownership on balance of probabilities.

Court Disposition

appeal allowed

Orders

  • decision of the trial tribunal quashed
  • orders of the trial tribunal set aside