20190614 TZHC Dar es Salaam

20190614 TZHC Dar es Salaam

Plaintiff is the exclusive registered owner of the disputed house and motor vehicle; defendants are mere invitees without legal or matrimonial interest. No evidence supports claim for 12% interest. 1st defendant must return title deed for plot no. 252 free from encumbrances. 2nd defendant must vacate the house within one month or be evicted. No general damages awarded; each party bears own costs.

Citation
20190614 TZHC Dar es Salaam
Parties
Plaintiff: Mrs. Mariam Marijan Wilmore; 1st Defendant: Mihayo Marijan Wilmore; 2nd Defendant: Nacky Esther Nyange
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 June 2019
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claims largely granted; partial reliefs awarded.
Legal Topics
Ownership Dispute, Matrimonial Property, Security Interest, Eviction, Damages
Source Language
English
Property Law Family Law Contract Law Ownership Dispute Matrimonial Property Security Interest Eviction Damages

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Parties

Mrs. Mariam Marijan Wilmore

Plaintiff

Mihayo Marijan Wilmore

1st Defendant

Nacky Esther Nyange

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the house on plot no. 361 Block 'G' Hekima street, Mbezi beach, Kinondoni Municipality, Dar es Salaam legally belongs to the plaintiff and whether the second defendant has matrimonial interest in it.
  2. 2 Whether the motor vehicle Range Rover Vogue with registration no. T 504 DBV legally belongs to the plaintiff and whether the 2nd defendant has matrimonial interest in it.
  3. 3 Whether the 1st defendant entered into any agreement with the plaintiff that when the 1st defendant returns title deed on plot no. 251 Block 'B' with certificate no. 88124 Ras Dege area, Kigamboni, Temeke Municipality same should be returned with interest at the rate of 12% per annum.

Ratio Decidendi

Plaintiff is the exclusive registered owner of the disputed house and motor vehicle; defendants are mere invitees without legal or matrimonial interest. No evidence supports claim for 12% interest. 1st defendant must return title deed for plot no. 252 free from encumbrances. 2nd defendant must vacate the house within one month or be evicted. No general damages awarded; each party bears own costs.

Court Disposition

Plaintiff's claims largely granted; partial reliefs awarded.

Orders

  • 1st defendant to return original certificate of title for plot no. 252 Block 'B' Ras Dege, Kigamboni, Temeke Municipality, Dar es Salaam free from encumbrances within six months.
  • 2nd defendant to vacate house on plot no. 361 Block 'G' Hekima Street, Mbezi Beach area, Kinondoni Municipality, Dar es Salaam within one month; failing which eviction to follow due process.