mildred bennet lymo versus abdallah khalid another 2023 tzhclandd 16764 24 april 2023

mildred bennet lymo versus abdallah khalid another 2023 tzhclandd 16764 24 april 2023

The court found that the property was jointly owned by the plaintiff and 2nd defendant, and that the sale agreement between the 1st and 2nd defendant was invalid due to lack of spousal consent and mutual mistake regarding the ability to sell. The purported sale was declared illegal, null and void, and the 1st defendant was found to be a trespasser.

Citation
mildred bennet lymo versus abdallah khalid another 2023 tzhclandd 16764 24 april 2023
Parties
Plaintiff: Mildred Bennet Lymo; 1st Defendant: Abdallah Khalid; 2nd Defendant: Phares Lameck Kinyawa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 April 2023
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's case succeeded; sale declared void; 1st defendant to vacate and pay arrears; costs awarded to plaintiff.
Legal Topics
Matrimonial Property, Invalid Sale Agreement, Spousal Consent, Trespass, Mesne Profits
Source Language
English
Land Law Family Law Contract Law Matrimonial Property Invalid Sale Agreement Spousal Consent Trespass Mesne Profits

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Parties

Mildred Bennet Lymo

Plaintiff

Abdallah Khalid

1st Defendant

Phares Lameck Kinyawa

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the agreement between the 1st and 2nd Defendant was a sale agreement or joint venture agreement
  2. 2 Whether the transaction between the 1st and 2nd Defendant was valid
  3. 3 What reliefs are parties entitled to

Ratio Decidendi

The court found that the property was jointly owned by the plaintiff and 2nd defendant, and that the sale agreement between the 1st and 2nd defendant was invalid due to lack of spousal consent and mutual mistake regarding the ability to sell. The purported sale was declared illegal, null and void, and the 1st defendant was found to be a trespasser.

Court Disposition

Plaintiff's case succeeded; sale declared void; 1st defendant to vacate and pay arrears; costs awarded to plaintiff.

Orders

  • Declaration that the sale of Plot No. 150 Ada Estate, Kinondoni District, Dar es Salaam (CT No. 100265) on 25/11/2011 is illegal, null and void.
  • 1st defendant declared trespasser to the property.