19870317 TZHC Dar es Salaam

19870317 TZHC Dar es Salaam

It is premature for the High Court to exercise its powers under the Land Registration Ordinance to rectify the land register because the dispute is already before the Regional Housing Tribunal, which has jurisdiction to determine lawful occupation and landlord-tenant disputes.

Citation
19870317 TZHC Dar es Salaam
Parties
Applicant's Counsel: Kesaria; Respondent: Rashid Bhanji
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 March 1987
Procedural Posture
Civil / Ruling on Application
Outcome
Application dismissed with costs
Legal Topics
Land Registration, Rectification of Land Register, Jurisdiction of Housing Tribunal
Source Language
English
Property Law Land Registration Rectification of Land Register Jurisdiction of Housing Tribunal

Case Brief

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Parties

Kesaria

Applicant's Counsel

Rashid Bhanji

Respondent

Procedural Posture

Civil / Ruling on Application

Legal Issues

  1. 1 Whether the High Court should exercise its powers under section 3 of Cap. 334 to order rectification of the land register
  2. 2 Whether the Regional Housing Tribunal has jurisdiction to determine the dispute between landlord and tenant

Ratio Decidendi

It is premature for the High Court to exercise its powers under the Land Registration Ordinance to rectify the land register because the dispute is already before the Regional Housing Tribunal, which has jurisdiction to determine lawful occupation and landlord-tenant disputes.

Court Disposition

Application dismissed with costs

Orders

  • Let Application No. 506 of 1986 before the Regional Housing Tribunal proceed to finality.
  • Any aggrieved party may seek rights by way of appeal elsewhere.