salim said salum vs jayander gulabchand chohan and 6 others 2021 tzhc 2365 1 march 2021

salim said salum vs jayander gulabchand chohan and 6 others 2021 tzhc 2365 1 march 2021

The court held that the suit land remained part of the estate of the late Remtulla Kara, the plaintiff was the lawful administrator, and the allocation and occupation by the 1st to 4th defendants was unlawful as the title had not expired or been lawfully transferred. The counter-claim was dismissed for lack of proof.

Citation
salim said salum vs jayander gulabchand chohan and 6 others 2021 tzhc 2365 1 march 2021
Parties
Plaintiff: Salim Said Salim; 1st Defendant: Jayander Gulabchand Chohan; 2nd Defendant: Chandrakant Gulabchand Chohan; 3rd Defendant: Suresh Gulabchand Chohan; 4th Defendant: Deepack Gulabchand Chohan; 5th Defendant: The Commissioner for Lands; 6th Defendant: The Registrar of Titles; 7th Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 March 2021
Procedural Posture
Land Case / Judgment
Outcome
Judgment for the plaintiff; counter-claim dismissed.
Legal Topics
Title to Land, Letters of Administration, Unlawful Occupation, Allocation of Land, Conversion of Leasehold, Injunctions
Source Language
English
Land Law Probate and Administration Title to Land Letters of Administration Unlawful Occupation Allocation of Land Conversion of Leasehold Injunctions

Case Brief

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Parties

Salim Said Salim

Plaintiff

Jayander Gulabchand Chohan

1st Defendant

Chandrakant Gulabchand Chohan

2nd Defendant

Suresh Gulabchand Chohan

3rd Defendant

Deepack Gulabchand Chohan

4th Defendant

The Commissioner for Lands

5th Defendant

The Registrar of Titles

6th Defendant

The Attorney General

7th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plot in dispute is the estate of the late Remtulla Kara under the administration of the plaintiff
  2. 2 Whether the allocation of property by the 5th defendant to the 1st to 4th defendants was lawful
  3. 3 Whether the plaint is properly before the court

Ratio Decidendi

The court held that the suit land remained part of the estate of the late Remtulla Kara, the plaintiff was the lawful administrator, and the allocation and occupation by the 1st to 4th defendants was unlawful as the title had not expired or been lawfully transferred. The counter-claim was dismissed for lack of proof.

Court Disposition

Judgment for the plaintiff; counter-claim dismissed.

Orders

  • Declaration that the suit land is the estate of the late Remtulla under the administration of the plaintiff
  • Declaration that occupation and construction by the 1st-4th defendants is unlawful