freda andrew kaiza and 2 others vs nassoro mshewa and 41 others 2021 tzhclandd 6796 30 november 2021

freda andrew kaiza and 2 others vs nassoro mshewa and 41 others 2021 tzhclandd 6796 30 november 2021

The court found that the 1st plaintiff authorized the 1st defendant to sell the suit land, corroborated by oral and documentary evidence. The 4th to 42nd defendants lawfully purchased their parcels from the 1st defendant, who had the requisite authority. The plaintiffs' suit was dismissed and the defendants' counterclaim was allowed, confirming their ownership and restraining the plaintiffs from interference.

Citation
freda andrew kaiza and 2 others vs nassoro mshewa and 41 others 2021 tzhclandd 6796 30 november 2021
Parties
1st Plaintiff: Freda Andrew Kaiza; 2nd Plaintiff: Loyise Kaiza; 3rd Plaintiff: Freddie Kaiza; 1st Defendant: Nassoro Mshewa; 3rd Defendant: Juma Shomvi; 2nd Defendant: Seif Omari; Defendant's Witness: Taliani Atupwe Chilomwe; Defendants: 4th to 42nd Defendants
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 November 2021
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs; counterclaim allowed
Legal Topics
Sale of Land, Authority to Sell, Title to Land, Trespass, Counterclaim
Source Language
English
Land Law Sale of Land Authority to Sell Title to Land Trespass Counterclaim

Case Brief

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Parties

Freda Andrew Kaiza

1st Plaintiff

Loyise Kaiza

2nd Plaintiff

Freddie Kaiza

3rd Plaintiff

Nassoro Mshewa

1st Defendant

Juma Shomvi

3rd Defendant

Seif Omari

2nd Defendant

Taliani Atupwe Chilomwe

Defendant's Witness

4th to 42nd Defendants

Defendants

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the 1st defendant was given power and authority by the 1st plaintiff to sell the plaintiffs' landed property farms No. 2627 and 2628
  2. 2 Whether the 4th to 42nd defendants lawfully purchased parcels of land in the suit land from the 1st defendant
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The court found that the 1st plaintiff authorized the 1st defendant to sell the suit land, corroborated by oral and documentary evidence. The 4th to 42nd defendants lawfully purchased their parcels from the 1st defendant, who had the requisite authority. The plaintiffs' suit was dismissed and the defendants' counterclaim was allowed, confirming their ownership and restraining the plaintiffs from interference.

Court Disposition

Suit dismissed with costs; counterclaim allowed

Orders

  • Plaintiffs' suit dismissed with costs
  • Defendants legally own their respective parcels/plots bought from the 1st defendant