peter swai vs hilder emmanuel makelemo administratix of estate of the late emmanuel lazaro makelemo another 2018 tzhclandd 381 18 june 2018

peter swai vs hilder emmanuel makelemo administratix of estate of the late emmanuel lazaro makelemo another 2018 tzhclandd 381 18 june 2018

The plaintiff proved lawful ownership of the disputed property by valid purchase, payment of arrears, and possession of supporting documents. The 1st defendant’s title was issued contrary to law and is null and void. The plaintiff is entitled to ownership, damages, and injunctive relief.

Citation
peter swai vs hilder emmanuel makelemo administratix of estate of the late emmanuel lazaro makelemo another 2018 tzhclandd 381 18 june 2018
Parties
Plaintiff: Peter Swai; 1st Defendant: Hilder Emmanuel Makelemo (As Administratrix of Estate of the late Emmanuel Lazaro Makelemo); 2nd Defendant: Gabriel Mpakatamwiu Mikwamba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 June 2018
Procedural Posture
Land Case / Ex Parte Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Ownership of Land, Right of Occupancy, Trespass, Injunction, Damages
Source Language
English
Land Law Ownership of Land Right of Occupancy Trespass Injunction Damages

Case Brief

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Parties

Peter Swai

Plaintiff

Hilder Emmanuel Makelemo (As Administratrix of Estate of the late Emmanuel Lazaro Makelemo)

1st Defendant

Gabriel Mpakatamwiu Mikwamba

2nd Defendant

Procedural Posture

Land Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether the plaintiff is the legal owner of Plot No. 8, Block C, Ununio Area
  2. 2 Whether the Certificate of Title issued to the 1st defendant is null and void
  3. 3 Whether the 1st defendant trespassed on the plaintiff’s land

Ratio Decidendi

The plaintiff proved lawful ownership of the disputed property by valid purchase, payment of arrears, and possession of supporting documents. The 1st defendant’s title was issued contrary to law and is null and void. The plaintiff is entitled to ownership, damages, and injunctive relief.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff declared legal owner of Plot No. 8, Block C, Ununio Area, Kinondoni Municipality, Dar Es Salaam
  • 1st defendant declared trespasser on the property