19871002 TZHC Mbeya

19871002 TZHC Mbeya

The appellant, as the registered owner, retained legal title to the property. The gift was absolute and irrevocable as there was no evidence of any condition or power of revocation reserved by the respondent. Mere collection of rent by the respondent did not override the appellant's legal title.

Citation
19871002 TZHC Mbeya
Parties
Appellant: Saluum Mateyo; Respondent: Mohamed Mateyo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 October 1987
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Gift Inter Vivos, Ownership of Registered Property, Revocation of Gifts, Land Registration
Source Language
English
Property Law Civil Procedure Gift Inter Vivos Ownership of Registered Property Revocation of Gifts Land Registration

Case Brief

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Parties

Saluum Mateyo

Appellant

Mohamed Mateyo

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in declaring the respondent the owner of the suit premises despite registration in the appellant's name
  2. 2 Whether a gift inter vivos of registered property is revocable upon breakdown of personal relationship

Ratio Decidendi

The appellant, as the registered owner, retained legal title to the property. The gift was absolute and irrevocable as there was no evidence of any condition or power of revocation reserved by the respondent. Mere collection of rent by the respondent did not override the appellant's legal title.

Court Disposition

appeal allowed

Orders

  • Judgment and decree of the trial court quashed and set aside.
  • Appellant declared owner of the suit premises.