20171110 TZHC Dar es Salaam

20171110 TZHC Dar es Salaam

Neither the administrator nor the plaintiffs complied with mandatory legal procedures for estate administration and public auction; evidence shows the disputed plot was transferred to the three daughters of the late Mohamed Kisawaga in 1975 and is registered in their names; plaintiffs have no legal claim to ownership.

Citation
20171110 TZHC Dar es Salaam
Parties
Plaintiff: Hellen Amaniel Mrutu; Plaintiff: Amon Stephen Mrutu; Defendant: Administrator General; Defendant: Shani Auction Mart Co. Ltd; Defendant: Barke Mohamed; Defendant: Hamida Mohamed; Defendant: Rajabu Juma (Administrator of the Estate of the late Husna Kisawaga)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 November 2017
Procedural Posture
Land Case / Final Judgment
Outcome
suit dismissed
Legal Topics
Public Auction, Estate Administration, Ownership Dispute, Registered Land, Transfer of Property
Source Language
English
Property Law Probate and Administration Public Auction Estate Administration Ownership Dispute Registered Land Transfer of Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hellen Amaniel Mrutu

Plaintiff

Amon Stephen Mrutu

Plaintiff

Administrator General

Defendant

Shani Auction Mart Co. Ltd

Defendant

Barke Mohamed

Defendant

Hamida Mohamed

Defendant

Rajabu Juma (Administrator of the Estate of the late Husna Kisawaga)

Defendant

Procedural Posture

Land Case / Final Judgment

Legal Issues

  1. 1 Whether the disputed plot is part of the estate of the late Mohamed Kisawaga
  2. 2 To whom does the disputed plot belong
  3. 3 Whether conditions of the public auction were complied with

Ratio Decidendi

Neither the administrator nor the plaintiffs complied with mandatory legal procedures for estate administration and public auction; evidence shows the disputed plot was transferred to the three daughters of the late Mohamed Kisawaga in 1975 and is registered in their names; plaintiffs have no legal claim to ownership.

Court Disposition

suit dismissed

Orders

  • Plaintiffs' claims denied
  • Each party to bear own costs