leopold mutembei vs principle assistant registrar of titlesministry of lands housing and urban development another 2018 tzca 213 11 october 2018

leopold mutembei vs principle assistant registrar of titlesministry of lands housing and urban development another 2018 tzca 213 11 october 2018

The appellant failed to prove any error or fraud in the registration of Mr. Airo as owner; the land register is conclusive proof of title. The appellant's claim for indemnity was wrongly and prematurely brought before the High Court instead of first applying to the Registrar of Titles as required by law. The trial judge erred in revisiting the issue of cause of action, but this did not affect the outcome as the substantive claims lacked merit.

Citation
leopold mutembei vs principle assistant registrar of titlesministry of lands housing and urban development another 2018 tzca 213 11 october 2018
Parties
Appellant: Leopold Mutembei; First Respondent: Principal Assistant Registrar of Titles, Ministry of Lands, Housing and Urban Development; Second Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 October 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Land Registration, Eviction, Indemnity Under Land Registration Act, Cause of Action, Procedural Regularity
Source Language
English
Land Law Civil Procedure Land Registration Eviction Indemnity Under Land Registration Act Cause of Action Procedural Regularity

Case Brief

Summary, issues, holding and outcome

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Parties

Leopold Mutembei

Appellant

Principal Assistant Registrar of Titles, Ministry of Lands, Housing and Urban Development

First Respondent

The Attorney General

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in dismissing the appellant's claim for want of cause of action despite a prior ruling to the contrary
  2. 2 Whether the registration of Mr. Lameck Airo as owner was lawful and free from error or fraud
  3. 3 Whether the appellant was entitled to compensation under section 100 of the Land Registration Act for loss suffered due to alleged registration errors

Ratio Decidendi

The appellant failed to prove any error or fraud in the registration of Mr. Airo as owner; the land register is conclusive proof of title. The appellant's claim for indemnity was wrongly and prematurely brought before the High Court instead of first applying to the Registrar of Titles as required by law. The trial judge erred in revisiting the issue of cause of action, but this did not affect the outcome as the substantive claims lacked merit.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.