johson leornard mahururu vs abdul nasoro obeid and 4 others 2021 tzhclandd 813 15 november 2021

johson leornard mahururu vs abdul nasoro obeid and 4 others 2021 tzhclandd 813 15 november 2021

The third defendant established earlier and continuous occupation of the disputed land since 1964, supported by documentary evidence and unchallenged testimony, while the plaintiff failed to produce sufficient evidence on balance of probabilities to prove original ownership prior to 2004. Therefore, the third defendant is declared the rightful owner.

Citation
johson leornard mahururu vs abdul nasoro obeid and 4 others 2021 tzhclandd 813 15 november 2021
Parties
Plaintiff: Johnson Leonard Mahururu; Defendant: Abdul Nasoro Obeid; Defendant: Abdul Karim Ally Salum; Defendant: M.A Suleiman & Sons Co. Ltd; Defendant: The Attorney General; Defendant: The Director of Survey and Mapping, Ministry of Lands, Housing and Development of Human Settlement
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 November 2021
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's case dismissed. Third defendant declared rightful owner of the disputed land.
Legal Topics
Double Allocation, Title to Land, Ownership Determination, Evidence in Land Disputes
Source Language
English
Land Law Double Allocation Title to Land Ownership Determination Evidence in Land Disputes

Case Brief

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Parties

Johnson Leonard Mahururu

Plaintiff

Abdul Nasoro Obeid

Defendant

Abdul Karim Ally Salum

Defendant

M.A Suleiman & Sons Co. Ltd

Defendant

The Attorney General

Defendant

The Director of Survey and Mapping, Ministry of Lands, Housing and Development of Human Settlement

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Who was the rightful owner of the disputed land before surveying of the plot?
  2. 2 Validity of double allocation and co-existing titles
  3. 3 Proof of ownership in land disputes

Ratio Decidendi

The third defendant established earlier and continuous occupation of the disputed land since 1964, supported by documentary evidence and unchallenged testimony, while the plaintiff failed to produce sufficient evidence on balance of probabilities to prove original ownership prior to 2004. Therefore, the third defendant is declared the rightful owner.

Court Disposition

Plaintiff's case dismissed. Third defendant declared rightful owner of the disputed land.

Orders

  • Third defendant declared rightful owner of Plot No. 228 Block C Ununio area, Dar Es Salaam.
  • Defendants awarded costs of the suit.