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Section 105 of the Land Registration Ordinance does not confer upon the Registrar of Titles the power to investigate and determine substantive disputes over property ownership except in relation to correction or cancellation of register entries. The Registrar exceeded his jurisdiction in this case.

Citation
N
Parties
Appellant: Nizar Shell Ladawy Mehanna; 1st Respondent: Registrar of Titles; 2nd Respondent: Jamilla Mohamed
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 April 1990
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Powers of Registrar of Titles, Land Registration, Succession to Property, Scope of Administrative Authority
Source Language
English
Property Law Succession Law Administrative Law Powers of Registrar of Titles Land Registration Succession to Property Scope of Administrative Authority

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Parties

Nizar Shell Ladawy Mehanna

Appellant

Registrar of Titles

1st Respondent

Jamilla Mohamed

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Registrar of Titles had the power under Section 105 of the Land Registration Ordinance to investigate and determine ownership of property not involving correction or cancellation of register entries.

Ratio Decidendi

Section 105 of the Land Registration Ordinance does not confer upon the Registrar of Titles the power to investigate and determine substantive disputes over property ownership except in relation to correction or cancellation of register entries. The Registrar exceeded his jurisdiction in this case.

Court Disposition

appeal allowed

Orders

  • Decision of the Registrar of Titles set aside
  • High Court judgment set aside