CIVIL APPLICATION NO 186 01 OF 2021 SIMBA DEVELOPERS LIMITED VS SALIM SAID SALIM 8 OTHERS

CIVIL APPLICATION NO 186 01 OF 2021 SIMBA DEVELOPERS LIMITED VS SALIM SAID SALIM 8 OTHERS

The applicant had no registrable interest in the suit property as required by law, and thus was not a necessary or interested party to the High Court proceedings. The absence of registration of the applicant's interest under the Land Registration Act precluded any right to be joined or heard. The application was therefore without merit.

Citation
CIVIL APPLICATION NO 186 01 OF 2021 SIMBA DEVELOPERS LIMITED VS SALIM SAID SALIM 8 OTHERS
Parties
Applicant: Simba Developers Limited; 1st Respondent: Salim Said Salim; 2nd Respondent: Fatma Mohamedalli Remtulla Kara (As Legal Representative of the Estate of the late Remtulla Kara); 3rd Respondent: Jayander Gulabchand Chohan; 4th Respondent: Prashant Chandrakant Chohan (As Legal Representative of the Estate of the late Chandrakant Gulabchand Chohan); 5th Respondent: Suresh Gulabchand Chohan; 6th Respondent: Deepack Gulabchand Chohan; 7th Respondent: The Commissioner for Lands; 8th Respondent: The Registrar of Titles; 9th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision
Outcome
Application dismissed with costs
Legal Topics
Joinder of Parties, Registered Interests in Land, Right to Be Heard, Natural Justice, Revision Proceedings
Source Language
English
Land Law Civil Procedure Joinder of Parties Registered Interests in Land Right to Be Heard Natural Justice Revision Proceedings

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Parties

Simba Developers Limited

Applicant

Salim Said Salim

1st Respondent

Fatma Mohamedalli Remtulla Kara (As Legal Representative of the Estate of the late Remtulla Kara)

2nd Respondent

Jayander Gulabchand Chohan

3rd Respondent

Prashant Chandrakant Chohan (As Legal Representative of the Estate of the late Chandrakant Gulabchand Chohan)

4th Respondent

Suresh Gulabchand Chohan

5th Respondent

Deepack Gulabchand Chohan

6th Respondent

The Commissioner for Lands

7th Respondent

The Registrar of Titles

8th Respondent

The Attorney General

9th Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the applicant had a registrable interest in the suit property entitling it to be joined in Land Case No. 82 of 2016
  2. 2 Whether failure to join the applicant violated principles of natural justice

Ratio Decidendi

The applicant had no registrable interest in the suit property as required by law, and thus was not a necessary or interested party to the High Court proceedings. The absence of registration of the applicant's interest under the Land Registration Act precluded any right to be joined or heard. The application was therefore without merit.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed in its entirety with costs