Ismail Ruling

Ismail Ruling

The respondents, having been duly served, failed to appear and show cause as required by section 78(4) of The Land Registration Act. The applicant's affidavit and submissions established merit for removal of the caveat. The court is empowered to order removal ex-parte under the cited provision.

Source-derived case information.

Citation
Ismail Ruling
Parties
Applicant: Ismail Ibrahim Chacha; 1st Respondent: Mariki Benedict Masawe; 2nd Respondent: Leoni Benedict Masawe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 November 2022
Procedural Posture
Miscellaneous Land Application / Ex Parte Ruling on Application for Removal of Caveat
Outcome
Application allowed
Legal Topics
Caveat Removal, Land Registration, Bonafide Purchaser
Source Language
english
Land Law Caveat Removal Land Registration Bonafide Purchaser

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Parties

Ismail Ibrahim Chacha

Applicant

Mariki Benedict Masawe

1st Respondent

Leoni Benedict Masawe

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ex Parte Ruling on Application for Removal of Caveat

Legal Issues

  1. 1 Whether the caveat entered by the 1st respondent should be removed from the 2nd respondent's landed property

Ratio Decidendi

The respondents, having been duly served, failed to appear and show cause as required by section 78(4) of The Land Registration Act. The applicant's affidavit and submissions established merit for removal of the caveat. The court is empowered to order removal ex-parte under the cited provision.

Court Disposition

Application allowed

Orders

  • The caveat entered by the 1st respondent on Plot No. 99 Block ‘I’ Nyamhongoro Mwanza registered vide CT 39388 LR Mwanza is removed.
  • No order as to costs.