9283 of 2024 scanned

9283 of 2024 scanned

DLHT correctly dismissed appellant's claim as title was acquired by unlawful means; however, order to surrender certificate of title was not pleaded and is set aside.

Citation
9283 of 2024 scanned
Parties
Appellant: John Eugen Mmasi; 1st Respondent: Consolata Peter Kasuva (administratrix of the estate of the late Wilk Mhenzo/Chezalina Mheza); 2nd Respondent: Rashid Mussa; 3rd Respondent: Rashid Mashaka; 4th Respondent: Joseph Alois Maunda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
Ownership, Title Registration, Pleadings, Relief, Evidence Evaluation
Source Language
English
Land Law Ownership Title Registration Pleadings Relief Evidence Evaluation

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Parties

John Eugen Mmasi

Appellant

Consolata Peter Kasuva (administratrix of the estate of the late Wilk Mhenzo/Chezalina Mheza)

1st Respondent

Rashid Mussa

2nd Respondent

Rashid Mashaka

3rd Respondent

Joseph Alois Maunda

4th Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the DLHT erred in evaluating evidence and testimonies
  2. 2 Whether the DLHT failed to determine framed issues
  3. 3 Whether the DLHT determined extraneous issues

Ratio Decidendi

DLHT correctly dismissed appellant's claim as title was acquired by unlawful means; however, order to surrender certificate of title was not pleaded and is set aside.

Court Disposition

appeal partly allowed

Orders

  • DLHT decision upheld except order to surrender certificate of title, which is quashed and set aside
  • Each party to bear its own costs