peter peter junior vs genial international company limited 12 others 2023 tzhclandd 17041 19 october 2023

peter peter junior vs genial international company limited 12 others 2023 tzhclandd 17041 19 october 2023

Plaintiff failed to prove ownership of the land on the balance of probabilities. Evidence showed the land was lawfully acquired, surveyed, and registered in the names of the first and thirteenth defendants. No sufficient evidence of fraud or unlawful survey was established. Plaintiff is not the lawful owner and defendants are not trespassers.

Citation
peter peter junior vs genial international company limited 12 others 2023 tzhclandd 17041 19 october 2023
Parties
Plaintiff: Peter Peter Junior; 1st Defendant: Genial International Company Limited; 2nd Defendant: Elizabeth Kokugonza Kyakula; 3rd Defendant: Bluebay Aquaculture Farm Company Limited; 4th Defendant: George Peter Ulaya; 5th Defendant: Lameck Gidion Lwegashora; 6th Defendant: Paulo Andrea Mayoga; 7th Defendant: Rahel Fugo; 8th Defendant: Francisco Mligo; 9th Defendant: Kinondoni Municipal Council; 10th Defendant: Commissioner for Lands; 11th Defendant: Registrar of Titles; 12th Defendant: Attorney General; 13th Defendant: Genie International Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 October 2023
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs.
Legal Topics
Ownership of Land, Burden of Proof, Fraud in Land Registration, Trespass, Survey and Registration Procedures
Source Language
English
Land Law Civil Procedure Ownership of Land Burden of Proof Fraud in Land Registration Trespass Survey and Registration Procedures

Case Brief

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Parties

Peter Peter Junior

Plaintiff

Genial International Company Limited

1st Defendant

Elizabeth Kokugonza Kyakula

2nd Defendant

Bluebay Aquaculture Farm Company Limited

3rd Defendant

George Peter Ulaya

4th Defendant

Lameck Gidion Lwegashora

5th Defendant

Paulo Andrea Mayoga

6th Defendant

Rahel Fugo

7th Defendant

Francisco Mligo

8th Defendant

Kinondoni Municipal Council

9th Defendant

Commissioner for Lands

10th Defendant

Registrar of Titles

11th Defendant

Attorney General

12th Defendant

Genie International Company Limited

13th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Who is the lawful owner of Plots Nos. 1-84, Block C, Mabwepande?
  2. 2 Whether the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th and 13th defendants are trespassers to the suit land.
  3. 3 What reliefs are the parties entitled to?

Ratio Decidendi

Plaintiff failed to prove ownership of the land on the balance of probabilities. Evidence showed the land was lawfully acquired, surveyed, and registered in the names of the first and thirteenth defendants. No sufficient evidence of fraud or unlawful survey was established. Plaintiff is not the lawful owner and defendants are not trespassers.

Court Disposition

Suit dismissed with costs.

Orders

  • Plaintiff's suit dismissed in its entirety for being unsubstantiated.
  • Costs to follow the event.