19900821 TZHC Dar es Salaam
The stall was constructed by and belongs to Twende Pamoja Co-operative Society, as evidenced by audit reports and lawful allocation of the plot to the society; the appellant acted only in his official capacity as chairman.
Source-derived case information.
- Citation
- 19900821 TZHC Dar es Salaam
- Parties
- Appellant: Mohmoud Abubakar; Respondent: Chairman of Twende Pamoja Co-operative Society
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 August 1990
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Ownership of Immovable Property, Allocation of Land, Authority of Co Operative Societies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohmoud Abubakar
Appellant
Chairman of Twende Pamoja Co-operative Society
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant personally owned the disputed stall or it belonged to Twende Pamoja Co-operative Society
- 2 Whether the allocation of the plot and construction of the stall was done in the appellant's personal capacity or as chairman of the society
Ratio Decidendi
The stall was constructed by and belongs to Twende Pamoja Co-operative Society, as evidenced by audit reports and lawful allocation of the plot to the society; the appellant acted only in his official capacity as chairman.
Court Disposition
appeal dismissed
Orders
- appeal fails
- costs awarded to respondent
Full Case Text
Judgment text and source record
1 paragraphs
J,\_ T ,, ••• 4!. . . . . . . . PC CIVTL CASE AI'l·:E,J\L NO. 54 OF' 1987 MOHMOUD ABU'3A.I':1tR •••••••••••••••••••• A.1:•;_ ELLJi,.NT Vers,•.c: J U D GME N T ChL-,:-Ti-., J. In Nzeg.'..1 Urb<.!n Prirri . . lry Court, the .:1ppelL.1nt; J:oh:;;med ,l1::n;:b.::,lcri, unsuccessfully sued the respon0ent' Ch.:.lirman of Twende ?amoj.:. i..::1;:''. eqµc..lly unsuccessfully :i.pµc,,lerl to the District Court. In short, the oppellunt's evirlcnce was th•t he built the st~ll in dispute; which is situ,1terl :i.n N2rng~1 }forket ::1re:;i 1 using his o,·,::: resources, a.nr:1 th::t in 1981, he ,.1llowec~ Twend,~ ?,J_rnojn Co-oper.:::.t:i'\/"8 Society to use it wi_thout nny p,::iyment of rent. ·To support his eviPencP, the ,:.ippeJ 1 ;nt c:.d_l(~.-t one Abns Am.mi (.?.~ .2) who t,::is-~ii'i00 thllt h~ W;S employPr hy the •..1ppelL1nt to builrl t1,e st:111 '1'10 ::.:·., a?. built i t .inrl w,.1s 0uly p:.lir "by th! .;;,,ppell.9.nt. T~e respondents resisted the claim. Thei~ evidence, whic~ included that of a land officer (D~~•J),and a Co-operative Offi~ar (Do"iJ •. 4), was th,-\t the st.ill w~,s buiit by Twende Pamoj.-.i Co-oper:tt_ive SociGty ,..rl~ich was formerly known .:ls tJr.,oj..i. Wt\ L.:isindik:l M.::i.ziw::, 3-nc th~t t~e nppellnnt, who wns then the ChairwDn of the Society, supe-i<visec the construction of the stall in his _capacity :1s C'.ccir- mun of the Society. o.~;- J tetifiP.d thut the plot on which the st~ll st~nds was ~llocuted to the respondents. TI1is evidence w:.:s further supported by the evidence of ·oo .4 w~d testified th·t .:111 uudit reports of the Society, incl•v~rinp.- reports !rt"!Ce (luring tJ-,e til"•e when the (.:lppelLint W.'.lS the c~ i~m~n of the Society, show the stull to be the 7roperty of t~e Society 3S sn jrrnov~ble property. I re.,llv c:1nnot see the re.:1son for the :ippelJ .1nt I s insi.stG~-_C•..J He is trying to t~1ku :..i.n.v::lnt~,go of the :f,'.lct tr..,,-'.:: he stip~rvised the construction of the store. But t~cre is incor!troverti,bl,e evidence to the effect tb·:,t he did so si.mnly in his cqp3city .::i.s ~ ~rincip~l functionary, th~t is, Ch.::i.~rrn2ni of t~e Society. Equ3lly incontrovertible is the evidence to t~e •••• /2. 2 ef:'"::?ct t> t t1,o µlot on which the st_.lJ. w·\s erecte0 w,is 1:iwful:.;_y ':lloc~t:!r~ to Twenfu :-",r,,oj-, Co- oper'._tive Society by thH .::1uthor:i.-~i:.::1s. For these re~sons, I entirely .~n~ respHctfully ~gree wit~ - . . :. bot~- cot1rts l-ielow t]1-1t the st:ill is the-> propP.rt·v of Twencte :::.cc:, Co-~~er .tive _Society~ In _t1~e result, this seconcl :.1p-:1e-.1 f 1ils -1nr1 is -:iccor0f:1.sl-r wJ. th. costs .. JUDGE• ': .· . ,'. \, : I'