madanio ibrahim saidi vs the registrar of titles and 2 others 2023 tzhc 20970 14 september 2023

madanio ibrahim saidi vs the registrar of titles and 2 others 2023 tzhc 20970 14 september 2023

The Registrar failed to provide a written decision stating reasons for rectification as required by section 101 of Cap 334; the document served did not meet statutory requirements, entitling the applicant to an order of mandamus.

Citation
madanio ibrahim saidi vs the registrar of titles and 2 others 2023 tzhc 20970 14 september 2023
Parties
Applicant: Madanio Ibrahim Saidi; 1st Respondent: Registrar of Titles; 2nd Respondent: Assistant Commissioner for Land, Dar es Salaam Zone; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 September 2023
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Mandamus
Outcome
Application granted
Legal Topics
Mandamus, Land Register Rectification, Right to Written Decision, Appeal Procedure
Source Language
English
Administrative Law Land Law Mandamus Land Register Rectification Right to Written Decision Appeal Procedure

Case Brief

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Parties

Madanio Ibrahim Saidi

Applicant

Registrar of Titles

1st Respondent

Assistant Commissioner for Land, Dar es Salaam Zone

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Mandamus

Legal Issues

  1. 1 Whether the applicant was availed with the written decision of the Registrar of Titles as required by law
  2. 2 Whether the applicant is entitled to an order of mandamus compelling the Registrar to provide a written decision

Ratio Decidendi

The Registrar failed to provide a written decision stating reasons for rectification as required by section 101 of Cap 334; the document served did not meet statutory requirements, entitling the applicant to an order of mandamus.

Court Disposition

Application granted

Orders

  • First respondent ordered to avail written decision on rectification of Land Register made on 21st March, 2022 to the applicant stating reasons thereof.
  • First respondent to comply on or before 28th September, 2023 by dispatch or registered mail to address provided by applicant.