20010821 TZCA Dar es Salaam

20010821 TZCA Dar es Salaam

The partition and transfer of the plot to the first appellant were not legally compliant, so the respondents retain ownership. The second appellant must vacate after compensation, which is to be paid by the first appellant, not the respondents.

Citation
20010821 TZCA Dar es Salaam
Parties
Appellant: Masudi Ramadhani; Appellant: Haruni Hashim Nowela; Respondents: Abdallah Salum Seif & 9 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 August 2001
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Partition of Property, Oral Will, Administrator of Estate, Compensation for Developments, Vacant Possession
Source Language
English
Property Law Succession Law Partition of Property Oral Will Administrator of Estate Compensation for Developments Vacant Possession

Case Brief

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Parties

Masudi Ramadhani

Appellant

Haruni Hashim Nowela

Appellant

Abdallah Salum Seif & 9 Others

Respondents

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the partition and transfer of the plot to the first appellant was lawful
  2. 2 Whether the second appellant should vacate the plot and under what conditions

Ratio Decidendi

The partition and transfer of the plot to the first appellant were not legally compliant, so the respondents retain ownership. The second appellant must vacate after compensation, which is to be paid by the first appellant, not the respondents.

Court Disposition

appeal dismissed

Orders

  • The whole plot belongs to the respondents.
  • The second appellant to give vacant possession after full compensation as per government valuer's evaluation.