Land Case No

Land Case No

Plaintiff proved purchase and possession of the suit premises through lawful public auction, supported by documentary evidence and witness testimony. Defendants failed to substantiate any claim or interfere with possession. Plaintiff is declared lawful owner and entitled to injunction; damages claim not proved.

Citation
Land Case No
Parties
Plaintiff: Ngwengwe Christopher Bulula; 1st Defendant: Jonas Mashaka Madale; 2nd Defendant: Hawa Leonard Mlunya; 3rd Defendant: Sepco Debt Collection & Auctioneering Company Limited; 4th Defendant: Locus Debt Management Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Case / Ex Parte Judgment
Outcome
Suit decided in favour of plaintiff
Legal Topics
Ownership, Public Auction, Injunction, Mortgage, Possession
Source Language
English
Property Law Land Law Ownership Public Auction Injunction Mortgage Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ngwengwe Christopher Bulula

Plaintiff

Jonas Mashaka Madale

1st Defendant

Hawa Leonard Mlunya

2nd Defendant

Sepco Debt Collection & Auctioneering Company Limited

3rd Defendant

Locus Debt Management Limited

4th Defendant

Procedural Posture

Land Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether the plaintiff is the lawful owner of the two pieces of land located at Mbezi Makabe, kwa Pesapesa, Ubungo Municipality, Dar es Salaam City
  2. 2 To what reliefs are parties entitled to

Ratio Decidendi

Plaintiff proved purchase and possession of the suit premises through lawful public auction, supported by documentary evidence and witness testimony. Defendants failed to substantiate any claim or interfere with possession. Plaintiff is declared lawful owner and entitled to injunction; damages claim not proved.

Court Disposition

Suit decided in favour of plaintiff

Orders

  • Declaration that plaintiff is lawful owner of the two suit properties located at Mbezi Makabe, kwa Pesapesa, Ubungo Municipality, Dar es Salaam City
  • Permanent injunction restraining defendants and their agents from evicting or claiming ownership of the two disputed houses