omar ali omar vs registrars of titles another 2018 tzhclandd 502 24 august 2018
Appellant was duly notified and failed to respond; rectification was lawful as transfer was void due to lack of good title; Registrar acted within statutory powers; appellant not entitled to indemnity as no development was proven and transaction was void.
- Citation
- omar ali omar vs registrars of titles another 2018 tzhclandd 502 24 august 2018
- Parties
- Appellant: Omar Ali Omar; 1st Respondent: Registrar of Titles; 2nd Respondent: Suleiman Athuman Swai
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 August 2018
- Procedural Posture
- Miscellaneous Land Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Rectification of Land Register, Natural Justice, Indemnity, Jurisdiction of Registrar, Fraudulent Transfer
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Omar Ali Omar
Appellant
Registrar of Titles
1st Respondent
Suleiman Athuman Swai
2nd Respondent
Procedural Posture
Miscellaneous Land Appeal / Judgment
Legal Issues
- 1 Whether the appellant was notified and given a right to be heard before rectification
- 2 Whether the rectification of the land register was justified
- 3 Whether the Registrar had jurisdiction to determine probate matters
Ratio Decidendi
Appellant was duly notified and failed to respond; rectification was lawful as transfer was void due to lack of good title; Registrar acted within statutory powers; appellant not entitled to indemnity as no development was proven and transaction was void.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
- Right of appeal explained.
Full Case Text
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