lamshore limited vs principle secretary ministry of water construction energy land another 2003 tzca 19 20 november 2003

lamshore limited vs principle secretary ministry of water construction energy land another 2003 tzca 19 20 november 2003

Ownership of the building and godowns remained with the Government of Zanzibar as there was no legal instrument transferring ownership to Bizanje. Legal Notices cited did not vest property in Bizanje or the Freeport Authority. Possession by Bizanje did not override government ownership. Therefore, the properties were not liable to attachment and sale in execution of the decree against Bizanje.

Citation
lamshore limited vs principle secretary ministry of water construction energy land another 2003 tzca 19 20 november 2003
Parties
Appellant: Lamshore Limited; 1st Respondent: Principal Secretary, Ministry of Water Construction, Energy and Land; 2nd Respondent: Director General, Zanzibar Free Port Authority
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 November 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Execution of Decree, Attachment of Property, Ownership of Government Property, Vesting of Property, Public Enterprises, Prescriptive Ownership
Source Language
English
Civil Procedure Property Law Public Enterprise Law Execution of Decree Attachment of Property Ownership of Government Property Vesting of Property Public Enterprises +1 more

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Parties

Lamshore Limited

Appellant

Principal Secretary, Ministry of Water Construction, Energy and Land

1st Respondent

Director General, Zanzibar Free Port Authority

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the building housing Bizanje's headquarters and the godowns at Maruhubi were legally owned by Bizanje or the Government of Zanzibar
  2. 2 Whether the properties were liable to attachment and sale in execution of a decree against Bizanje

Ratio Decidendi

Ownership of the building and godowns remained with the Government of Zanzibar as there was no legal instrument transferring ownership to Bizanje. Legal Notices cited did not vest property in Bizanje or the Freeport Authority. Possession by Bizanje did not override government ownership. Therefore, the properties were not liable to attachment and sale in execution of the decree against Bizanje.

Court Disposition

appeal dismissed

Orders

  • Release of the building housing Bizanje's headquarters and the godowns at Maruhubi from attachment and sale confirmed
  • Appellant to pay costs