johnson leonard muhururu vs commissioner for lands and 2 others 2021 tzhclandd 417 30 august 2021

johnson leonard muhururu vs commissioner for lands and 2 others 2021 tzhclandd 417 30 august 2021

The removal of the plaintiff's name from the register and revocation of his Certificate of Title were unlawful due to failure to follow statutory notice and procedural requirements. The plaintiff remains the lawful owner of the suit land.

Citation
johnson leonard muhururu vs commissioner for lands and 2 others 2021 tzhclandd 417 30 august 2021
Parties
Plaintiff: Johnson Leonard Muhururu; 1st Defendant: Commissioner for Lands; 2nd Defendant: Permanent Secretary, Ministry of Lands, Housing and Human Settlement Development; 3rd Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 August 2021
Procedural Posture
Land Case / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Revocation of Right of Occupancy, Rectification of Land Register, Burden of Proof, Procedural Fairness
Source Language
English
Land Law Administrative Law Revocation of Right of Occupancy Rectification of Land Register Burden of Proof Procedural Fairness

Case Brief

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Parties

Johnson Leonard Muhururu

Plaintiff

Commissioner for Lands

1st Defendant

Permanent Secretary, Ministry of Lands, Housing and Human Settlement Development

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Land Case / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff acquired the land legally
  2. 2 Whether the defendants were justified to remove the plaintiff's name from the register
  3. 3 Whether the revocation and rectification procedures were lawful

Ratio Decidendi

The removal of the plaintiff's name from the register and revocation of his Certificate of Title were unlawful due to failure to follow statutory notice and procedural requirements. The plaintiff remains the lawful owner of the suit land.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff declared lawful owner of Plot No. 2242, Block 'L', Certificate of Title No. 123369, Kilongawima, Mbezi Beach, Dar es Salaam.
  • 1st defendant ordered not to remove plaintiff's name from register of titles/documents.