jalala mussa hassan said lengwa v maango kitwana rajabu hamida hassan thabit 2023 tzhc 17541 5 may 2023

jalala mussa hassan said lengwa v maango kitwana rajabu hamida hassan thabit 2023 tzhc 17541 5 may 2023

The appeal was dismissed because the appellants failed to prove ownership of the disputed house, the power of attorney issue was not raised at trial and did not cause injustice, the appellants' evidence was contradictory, and the 2nd respondent was the duly appointed administratrix with authority to sell the property.

Citation
jalala mussa hassan said lengwa v maango kitwana rajabu hamida hassan thabit 2023 tzhc 17541 5 may 2023
Parties
1st Appellant: Jalala Mussa Hassan; 2nd Appellant: Said Lengwe; 1st Respondent: Maango Kitwana Rajabu; 2nd Respondent: Hamida Hassan Thabit (as administratrix of estate of the late Jalala Hassan Mabruck)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2023
Procedural Posture
Land Case Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Ownership of Land, Letters of Administration, Power of Attorney, Appellate Procedure
Source Language
English
Land Law Civil Procedure Ownership of Land Letters of Administration Power of Attorney Appellate Procedure

Case Brief

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Parties

Jalala Mussa Hassan

1st Appellant

Said Lengwe

2nd Appellant

Maango Kitwana Rajabu

1st Respondent

Hamida Hassan Thabit (as administratrix of estate of the late Jalala Hassan Mabruck)

2nd Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the proceedings of the District Land and Housing Tribunal were vitiated by a defective power of attorney
  2. 2 Whether the trial tribunal failed to properly consider the appellants' evidence
  3. 3 Whether the trial tribunal erred in holding that the disputed house was lawfully sold to the 1st respondent without revocation of letters of administration allegedly granted to the 1st appellant

Ratio Decidendi

The appeal was dismissed because the appellants failed to prove ownership of the disputed house, the power of attorney issue was not raised at trial and did not cause injustice, the appellants' evidence was contradictory, and the 2nd respondent was the duly appointed administratrix with authority to sell the property.

Court Disposition

Appeal dismissed with costs

Orders

  • The 1st respondent is declared the rightful owner of the disputed house.
  • The appellants are ordered to vacate the house forthwith.