fatna iddi haruna iddi as administrators of estate of the late zainabu omar vs bank of africa ltd another 2019 tzhccomd 13 14 february 2019

fatna iddi haruna iddi as administrators of estate of the late zainabu omar vs bank of africa ltd another 2019 tzhccomd 13 14 february 2019

The applicants proved that the late Zainab Omari was the lawful owner of the disputed property and that the transfer to Venance Paul Milioni was fraudulent, unsupported by any lawful documentation or authority. The respondents failed to discharge the burden of proof to show a valid transfer or authority. Therefore, the property is not liable to attachment in execution of the decree in Commercial Case No. 4 of 2015.

Citation
fatna iddi haruna iddi as administrators of estate of the late zainabu omar vs bank of africa ltd another 2019 tzhccomd 13 14 february 2019
Parties
Applicants: Fatna Iddi & Haruna Iddi as administrators of the estate of the late Zainabu Omari; First Respondent: Bank of Africa Tanzania Limited; Second Respondent: Venance Paul Milioni
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 February 2019
Procedural Posture
Miscellaneous Commercial Application / Ruling on Objection Proceedings Regarding Attachment and Execution
Outcome
Application allowed
Legal Topics
Objection Proceedings, Attachment and Execution of Property, Fraudulent Transfer of Property, Burden of Proof, Rectification of Land Register
Source Language
English
Civil Procedure Land Law Probate and Administration Objection Proceedings Attachment and Execution of Property Fraudulent Transfer of Property Burden of Proof Rectification of Land Register

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Parties

Fatna Iddi & Haruna Iddi as administrators of the estate of the late Zainabu Omari

Applicants

Bank of Africa Tanzania Limited

First Respondent

Venance Paul Milioni

Second Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Objection Proceedings Regarding Attachment and Execution

Legal Issues

  1. 1 Whether the property on Plot No. 58, Block 21, Kaloleni area, Arusha Municipality is liable to attachment and sale in execution of a decree in Commercial Case No. 4 of 2015
  2. 2 Who is the lawful owner of the disputed property

Ratio Decidendi

The applicants proved that the late Zainab Omari was the lawful owner of the disputed property and that the transfer to Venance Paul Milioni was fraudulent, unsupported by any lawful documentation or authority. The respondents failed to discharge the burden of proof to show a valid transfer or authority. Therefore, the property is not liable to attachment in execution of the decree in Commercial Case No. 4 of 2015.

Court Disposition

Application allowed

Orders

  • Applicants declared lawful owners of the disputed property as administrators of the estate of the late Zainab Omari
  • Assistant Registrar of Titles at Moshi directed to rectify the land register and record the applicants as owners