zubeda ahmed lakha vs hajibhai kara ibrahim others 2022 tzca 310 25 may 2022

zubeda ahmed lakha vs hajibhai kara ibrahim others 2022 tzca 310 25 may 2022

The respondents failed to prove that the appellant breached any conditions in the certificate of occupancy or that there was an operative sale; thus, there was no good cause for revocation, rendering the revocation and subsequent sub-division and reallocation of the land illegal and void.

Citation
zubeda ahmed lakha vs hajibhai kara ibrahim others 2022 tzca 310 25 may 2022
Parties
Appellant: Mrs. Zubeda Ahmed Lakha; 1st Respondent: Hajibhai Kara Ibrahim; 2nd Respondent: The Minister of Lands, Natural Resources and Tourism; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 May 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Revocation of Right of Occupancy, Breach of Certificate Conditions, Notice Requirement, Burden of Proof, Disposition of Land
Source Language
English
Land Law Civil Procedure Revocation of Right of Occupancy Breach of Certificate Conditions Notice Requirement Burden of Proof Disposition of Land

Case Brief

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Parties

Mrs. Zubeda Ahmed Lakha

Appellant

Hajibhai Kara Ibrahim

1st Respondent

The Minister of Lands, Natural Resources and Tourism

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant breached conditions in the certificate of occupancy
  2. 2 Whether the revocation of the appellant's right of occupancy was proper
  3. 3 Whether there was an operative disposition of the right of occupancy by way of sale

Ratio Decidendi

The respondents failed to prove that the appellant breached any conditions in the certificate of occupancy or that there was an operative sale; thus, there was no good cause for revocation, rendering the revocation and subsequent sub-division and reallocation of the land illegal and void.

Court Disposition

appeal allowed

Orders

  • Judgment of the trial court quashed
  • Declaration that the revocation of right of occupancy and sub-division of Plot No. 153 Block A, Lumumba Road, Kigoma Ujiji was illegal