farida rashid vs honest marandu another 2023 tzhclandd 16995 6 october 2023

farida rashid vs honest marandu another 2023 tzhclandd 16995 6 october 2023

Ownership of Plot No. 896 passed to Honest Marandu upon sale and transfer in 1999, and any subsequent certificate of title obtained by Farida Rashid was of no legal effect; the Defendants to the counter claim were trespassers and are liable for general damages.

Citation
farida rashid vs honest marandu another 2023 tzhclandd 16995 6 october 2023
Parties
Plaintiff (main Suit) / First Defendant (counter Claim): Farida Rashid; Defendant (main Suit) / Plaintiff (counter Claim): Honest Marandu; Second Defendant (counter Claim): Richard Paul Nkanyemka; Third Defendant (counter Claim): Mathias George Mashukra; Fourth Defendant (counter Claim): Marcas Debt Collectors and Auctioneers (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 October 2023
Procedural Posture
Land Case / Judgment After Ex Parte Hearing on Counter Claim; Main Suit Dismissed for Non Appearance
Outcome
Counter claim granted with costs; main suit dismissed for non-appearance.
Legal Topics
Ownership of Land, Trespass, Eviction, Damages, Registration of Title, Ex Parte Proceedings
Source Language
English
Land Law Civil Procedure Ownership of Land Trespass Eviction Damages Registration of Title Ex Parte Proceedings

Case Brief

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Parties

Farida Rashid

Plaintiff (main Suit) / First Defendant (counter Claim)

Honest Marandu

Defendant (main Suit) / Plaintiff (counter Claim)

Richard Paul Nkanyemka

Second Defendant (counter Claim)

Mathias George Mashukra

Third Defendant (counter Claim)

Marcas Debt Collectors and Auctioneers (T) Ltd

Fourth Defendant (counter Claim)

Procedural Posture

Land Case / Judgment After Ex Parte Hearing on Counter Claim; Main Suit Dismissed for Non Appearance

Legal Issues

  1. 1 Whether the Plaintiff to the counter claim is the lawful owner of Plot No. 896 Msasani Beach
  2. 2 Whether the Defendants to the counter claim trespassed the suit premises
  3. 3 Whether the Plaintiff to the counter claim suffered any loss

Ratio Decidendi

Ownership of Plot No. 896 passed to Honest Marandu upon sale and transfer in 1999, and any subsequent certificate of title obtained by Farida Rashid was of no legal effect; the Defendants to the counter claim were trespassers and are liable for general damages.

Court Disposition

Counter claim granted with costs; main suit dismissed for non-appearance.

Orders

  • Honest Marandu declared lawful owner of Plot No. 896 Msasani Beach, Mwaikibaki Road, Mikocheni, Dar es Salaam.
  • Defendants to the counter claim permanently restrained from accessing, trespassing, or interfering with the suit plot.