20221109 TZHC Dar es Salaam

20221109 TZHC Dar es Salaam

The court found that the property belonged to the late Shiri Mohamed Makasamala, not Shaibu Mohamed Makasamala. The 2nd and 3rd defendants were lawfully appointed as co-administratrix of Shiri's estate and had good title to pass to the plaintiff. The plaintiff was a bonafide purchaser for value without notice of any defect in title. The 1st defendant failed to prove acquisition of title by her father or that she was a beneficiary of the sale proceeds. The plaintiff is declared lawful owner of the property.

Citation
20221109 TZHC Dar es Salaam
Parties
Plaintiff: Mohamed Suleiman Mohamed; 1st Defendant: Salama Shaibu Makasamala; 2nd Defendant: Subira Francis; 3rd Defendant: Farida Hashim
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 November 2022
Procedural Posture
Land Case / Judgment
Outcome
Suit granted in favor of the plaintiff.
Legal Topics
Bonafide Purchaser, Title to Land, Probate Proceedings, Estate Administration, Distribution of Estate
Source Language
English
Land Law Probate and Administration Bonafide Purchaser Title to Land Probate Proceedings Estate Administration Distribution of Estate

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Parties

Mohamed Suleiman Mohamed

Plaintiff

Salama Shaibu Makasamala

1st Defendant

Subira Francis

2nd Defendant

Farida Hashim

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the bonafide purchaser for value without notice as to the defect of title of the landed property TMK/CHA/TRL/15/15
  2. 2 Whether the 2nd and 3rd defendants are the rightful administrators of the deceased estate
  3. 3 Whether it was proper for the 1st defendant to file probate proceedings at Temeke Primary Court while knowing there is a pending probate proceedings on the same subject matter filed by the 2nd and 3rd defendant at Magomeni Primary Court

Ratio Decidendi

The court found that the property belonged to the late Shiri Mohamed Makasamala, not Shaibu Mohamed Makasamala. The 2nd and 3rd defendants were lawfully appointed as co-administratrix of Shiri's estate and had good title to pass to the plaintiff. The plaintiff was a bonafide purchaser for value without notice of any defect in title. The 1st defendant failed to prove acquisition of title by her father or that she was a beneficiary of the sale proceeds. The plaintiff is declared lawful owner of the property.

Court Disposition

Suit granted in favor of the plaintiff.

Orders

  • Plaintiff declared lawful purchaser and owner of landed property TMK/CHA/TRL/15/15 at Toroli Chang'ombe Temeke.
  • Plaintiff awarded costs from the 1st defendant.