malietha gabo vs adamu mtengu 2021 tzhc 7520 6 december 2021

malietha gabo vs adamu mtengu 2021 tzhc 7520 6 december 2021

The respondent, not being an administrator of the estate, had no legal authority to divide or sell the disputed land; the purported division and sales were null and void. The appellant and his mother are entitled to occupy the land without disturbance.

Citation
malietha gabo vs adamu mtengu 2021 tzhc 7520 6 december 2021
Parties
Appellant: Moshi Nzowe; Respondent: Antony Nzowe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2021
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Customary Land Distribution, Powers of Estate Administrators, Trespass to Land, Validity of Land Sales by Non Administrators
Source Language
English
Land Law Succession Law Customary Land Distribution Powers of Estate Administrators Trespass to Land Validity of Land Sales by Non Administrators

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Parties

Moshi Nzowe

Appellant

Antony Nzowe

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the respondent had authority to divide and sell the disputed land
  2. 2 Whether the distribution of the estate was properly conducted under the law
  3. 3 Whether the District Land and Housing Tribunal erred in vacating the ward tribunal's decision

Ratio Decidendi

The respondent, not being an administrator of the estate, had no legal authority to divide or sell the disputed land; the purported division and sales were null and void. The appellant and his mother are entitled to occupy the land without disturbance.

Court Disposition

Appeal allowed

Orders

  • Appellant and his mother to occupy the land without disturbance
  • Sale of the land declared illegal, null and void