jafari hussein sinai another vs silver general distributors ltd others 2019 tzca 11 1 march 2019

jafari hussein sinai another vs silver general distributors ltd others 2019 tzca 11 1 march 2019

The second respondent is the lawful owner of the suit land as evidenced by the Certificate of Title lawfully issued after proper procedures; the appellants failed to prove better title or unlawful issuance. The re-survey did not require involvement of non-owners. Damages for trespass were properly awarded.

Citation
jafari hussein sinai another vs silver general distributors ltd others 2019 tzca 11 1 march 2019
Parties
Appellant: Sina1; 1st Respondent: Silver General Distributors Limited; 2nd Respondent: Kumburu Sisal Estates Limited; 3rd Respondent: Muheza District Council; 4th Respondent: The Commissioner for Lands; 5th Respondent: Ministry of Land and Human Settlements Development; 6th Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 March 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Ownership of Land, Certificate of Title, Trespass, Counter Claim, Damages, Re Survey Procedure
Source Language
English
Land Law Civil Procedure Ownership of Land Certificate of Title Trespass Counter Claim Damages Re Survey Procedure

Case Brief

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Parties

Sina1

Appellant

Silver General Distributors Limited

1st Respondent

Kumburu Sisal Estates Limited

2nd Respondent

Muheza District Council

3rd Respondent

The Commissioner for Lands

4th Respondent

Ministry of Land and Human Settlements Development

5th Respondent

The Attorney General

6th Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Who is the rightful owner of the suit land?
  2. 2 Whether the appellants trespassed on the respondents' land?
  3. 3 Whether the re-survey was conducted lawfully and required involvement of appellants?

Ratio Decidendi

The second respondent is the lawful owner of the suit land as evidenced by the Certificate of Title lawfully issued after proper procedures; the appellants failed to prove better title or unlawful issuance. The re-survey did not require involvement of non-owners. Damages for trespass were properly awarded.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondents