melkizedeck leshabari others vs commissioner for lands others 2019 tzhc 58 9 october 2019

melkizedeck leshabari others vs commissioner for lands others 2019 tzhc 58 9 october 2019

The Plaintiffs' claim fails because the 4th Defendant did not have a transferable right over the suit property at the time of the purported sale, as the transfer from ATC to the 4th Defendant was incomplete and unapproved, rendering subsequent transfers legally unenforceable. The Plaintiffs have no cause of action against the 1st, 2nd, 3rd, and 5th Defendants, and any relief lies only against the 4th Defendant for misrepresentation or contractual claims, which were not the subject of this suit.

Citation
melkizedeck leshabari others vs commissioner for lands others 2019 tzhc 58 9 october 2019
Parties
Plaintiff: Prof. Melkizedeck Leshabari; Plaintiff: Mrs Sebalda Leshabari; Defendant: Commissioner for Lands; Defendant: Permanent Secretary Ministry of Lands and Human Settlement Developments; Defendant: Treasury Registrar; Defendant: Estomih Titus Muruve; Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 October 2019
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed
Legal Topics
Transfer of Right of Occupancy, Specific Performance, Discriminatory Administrative Action, Title to Land, Damages
Source Language
English
Land Law Contract Law Transfer of Right of Occupancy Specific Performance Discriminatory Administrative Action Title to Land Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Prof. Melkizedeck Leshabari

Plaintiff

Mrs Sebalda Leshabari

Plaintiff

Commissioner for Lands

Defendant

Permanent Secretary Ministry of Lands and Human Settlement Developments

Defendant

Treasury Registrar

Defendant

Estomih Titus Muruve

Defendant

Attorney General

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether there was any sale and transfer of the suit property from ATC to the 4th Defendant
  2. 2 Whether the 4th Defendant transferred the suit property by way of sale to the Plaintiffs
  3. 3 Whether the Defendants' refusal of consent to the transfer was proper

Ratio Decidendi

The Plaintiffs' claim fails because the 4th Defendant did not have a transferable right over the suit property at the time of the purported sale, as the transfer from ATC to the 4th Defendant was incomplete and unapproved, rendering subsequent transfers legally unenforceable. The Plaintiffs have no cause of action against the 1st, 2nd, 3rd, and 5th Defendants, and any relief lies only against the 4th Defendant for misrepresentation or contractual claims, which were not the subject of this suit.

Court Disposition

Suit dismissed

Orders

  • Suit against 1st, 2nd, 3rd, and 5th Defendants dismissed
  • No order as to costs; each party to bear its own costs