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Tanzania Judgment

TZHC

19940628 TZHC Dar es Salaam

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Source document

01

Holding and result

The respondent's claim was based on a fraudulent transaction, as the evidence showed the land was not sold but hired, and the written document was obtained under false pretenses. Therefore, the claim should have been dismissed, and the appeal is allowed.

Court disposition

Appeal allowed with costs here and in the courts below.

Orders

  • District Magistrate to furnish a copy of the judgment to each party.

02

Material facts

Parties

Nassoro Mgella

Appellant

Unnamed Respondent

Respondent

Amounts and remedies

  • Amount Paid by Respondent to Jalala: TZS 1,500

03

Procedural history

  1. Posture

    Civil Appeal / Appellate Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued that the respondent had no valid cause of action, as the land was not sold to the respondent but merely hired, and that the respondent's claim was based on a fraudulent document.
Respondent
The respondent claimed to have purchased the land from Jalala and relied on a written document as evidence of the sale.

05

Court’s reasoning

  1. 01

    General legal principle, as referenced in the judgment

    A claim based on a fraudulent transaction cannot be sustained in law.

  2. 02

    Magistrates Court Act, 1984, section 35

    Appeals may be determined in the absence of parties if they fail to appear on successive dates, pursuant to the proviso to section 35 of the Magistrates Court Act, 1984.

06

Ratio, limits and disposition

Ratio decidendi

The respondent's claim was based on a fraudulent transaction, as the evidence showed the land was not sold but hired, and the written document was obtained under false pretenses. Therefore, the claim should have been dismissed, and the appeal is allowed.

Obiter and limits

  • The evidence against the respondent is overwhelming.
  • The appeal was determined in the absence of the parties due to their non-appearance on successive dates.

Court disposition

Appeal allowed with costs here and in the courts below.

  • District Magistrate to furnish a copy of the judgment to each party.

Source and reliance status

TZHC · 28 June 1994

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Judgment text

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Source document

TZHC

Judgment· 28 June 1994

19940628 TZHC Dar es Salaam

;,. · DJ ,TEE TI1GH COURT OF TJJIZlJi!I.A mn@ES~ PC. CIVIL t.PPl:JJio IW. 23 OF 199 3 NhSS0R0 :uJDlvI MGE.ll. • c • • • • o • . . . . . . o o • • • • • • • ... u l'LA:[11l.1IFF VfillSU'S MlJ]llrpl) ~111-ilillII.luq p e •• " • ! • , ••• : I t • • , 0 • , • • 0 • ' 0 • • e. .DEFEIID~n' Aooor According to the facts as 0stablishod by tho trial P.L-inary Court, the respondent in 19131 nas givon a :pieoo of land by one J"alala on which . to cultivate crops, 'lhe said Jalala renained tha ovmer of that land during · its user by tho :respondent. Rassani Issa (:PW.2) was a witnoss to that transaction. F"rie2 did testify that fivo yea.rs later cTe.lala. olaimed back his shaP.ba whioh he subse_quently sold to Ua.ssoro Mgella.,. th.a ~pell ant •. ,Ahd Chari Ali Mh2,nd.o (l?Wc16),: tho local . village Clla.innan testified how ' ' he wi tnassod. tb.o o.1.Jpollantbby tho suit parcel of land from the said J"alalaJ That thoy visitod tho l~cus in quo soon before tho sale, and that a. written agroeilent was ·oxocutod• That agree□ent wes tendered as exhibit during the trial. The cv.i.cl.01100 of tho appellant 0011firus what FW.6 told tho court. 1n fact, as raattor stt:'.lld. 1'·tho suit ought to have boon dismissed for f'a.ilure to disoloso o. oa.uso of action a~l'!.i11st :tho dofon:la.nt/appolla.nt. I have f0Ul:1d out elso that tho respo11dont basod his oaso on a :f'ranlulent enterprise. 'l!rls.

-is 1'0waloc1 by Hassan Issc>. (PU.2) who testifiod ·L:, that tho res:p01ld,ont paid J'aln.la S1s. 1,500/... in return for hi-rill£; the latter's·. shaJ11ba. It is il.1 tho Gvidenoc of PW,2 -that shortly attor that pa30ont the :,·:·:.: respondent wont baok to PW,2 with a. wri ttcn doouraont tho :purposo of which PW,2 did. not know, PW,2 woniored why tho respondent haA prepared that document sinco tho· piooo of land had _not beon sold to ~ Tho rospohdont oalJned their fon:rs, Ol1d sinco this witness l:-8 illitoraa.to, was persuaded to sign a docur:10.nt tho oontants of which ho did not kn~ ';&o respondent used that document to his; maximum advantage, olaiining that it avidonoe salo of the pioco of land to lli.l:n. - 2 ».-om tho ::ibovo cvidonco tho :.>riL1ary Court was entitled t-:> dismiss tho claim. 'Jhe respond ant sucoc = Jfull:T a];>:pcrlccl to tho District Court. ~o appellant now 110nd.ers whore · -he District court found evidence upon which it oould atit a.aide tll J deoisio11 of tho trial Primary Court. I also share tho alttioty of tho .1ppoll0l1t 1 i' or tho ovidonco a.:-.:-::'.:-ist tha .respondent is ovorwhoolming. let me say finally that th is appoal haa boen doto:nnined in tho absence of tho paxtios. This a.Goision we..s roa.ahod. attar tho aJ?Pollant could not be avnil[',blo on .two sucoossive dates. It is in those oiroumstanoos that, in omar to dotermino tho appoal QJ;pedioiously,; the proviso to section 35 of the iia.gist~atos Court .&>t, 1984 had to be resorted to. .For the roe.sons that I havo. Biven.. tho aJ;>peal is a.lowed witl:. costs hare a.nd in tho two ourts below. Tho 1.Xf.striot Magistra.to shell furnish a oopy of this judg:nent to ea.ch of tho parties.: Delivorod. · ~'.( . . :S• M•. Mt..CKJJ.UA .J]j)_gE 20/6/J.994 Parties, B:,sont1

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Magistrates Court Act, 1984, section 35

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