mac group ltd vs mohamed kanji 2020 tzhclandd 161 15 may 2020

mac group ltd vs mohamed kanji 2020 tzhclandd 161 15 may 2020

The defendant's title derived from Data Machines Ltd, which owned only the office building, not the godowns; plaintiff lawfully purchased godowns No. 35 A and B in 1994, and defendant cannot claim property never owned by Data Machines Ltd.

Source-derived case information.

Citation
mac group ltd vs mohamed kanji 2020 tzhclandd 161 15 may 2020
Parties
Plaintiff: MAC Group Limited; Defendant: Mohamed Kanji
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 May 2020
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff declared lawful owner of godowns No. 35 A and B; perpetual injunction granted; defendant to bear costs.
Legal Topics
Ownership Dispute, Auction Sale, Title Rectification, Injunction
Source Language
english
Property Law Land Law Ownership Dispute Auction Sale Title Rectification Injunction

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Parties

MAC Group Limited

Plaintiff

Mohamed Kanji

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Who is the lawful owner of godowns No. 35 A and B situated in Plot No. 21 and part of 22?
  2. 2 To what reliefs are the parties entitled?

Ratio Decidendi

The defendant's title derived from Data Machines Ltd, which owned only the office building, not the godowns; plaintiff lawfully purchased godowns No. 35 A and B in 1994, and defendant cannot claim property never owned by Data Machines Ltd.

Court Disposition

Plaintiff declared lawful owner of godowns No. 35 A and B; perpetual injunction granted; defendant to bear costs.

Orders

  • Plaintiff is lawful owner of godowns No. 35 A and B situated in Plot No. 21 and part of 22.
  • Defendant and anyone claiming through him restrained from interfering with plaintiff's enjoyment of godowns.