20200619 TZHC Dar es Salaam

20200619 TZHC Dar es Salaam

The defendant Flora Shauri is the lawful owner of the disputed land, as evidenced by valid sale agreements with Mary Peter Raphrain and prior court judgment. The plaintiffs' registration of Title No. 79255 was tainted with irregularities and is null and void. Plaintiffs are not entitled to damages as demolition was executed pursuant to a court order by a third party not impleaded in this suit.

Citation
20200619 TZHC Dar es Salaam
Parties
Plaintiff: Sosthenes Bruno; Plaintiff: Dianarose Bruno; Defendant: Flora Shauri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 June 2020
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiffs' suit dismissed; defendant's counterclaim allowed.
Legal Topics
Land Ownership, Sale of Land, Registration of Title, Damages, Injunction, Counterclaim
Source Language
English
Property Law Civil Procedure Land Ownership Sale of Land Registration of Title Damages Injunction Counterclaim

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Parties

Sosthenes Bruno

Plaintiff

Dianarose Bruno

Plaintiff

Flora Shauri

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Who is the lawful owner of the disputed land?
  2. 2 Were the sale agreements between Mary Peter Raphrain and Flora Shauri valid?
  3. 3 Are the plaintiffs entitled to damages for demolition?

Ratio Decidendi

The defendant Flora Shauri is the lawful owner of the disputed land, as evidenced by valid sale agreements with Mary Peter Raphrain and prior court judgment. The plaintiffs' registration of Title No. 79255 was tainted with irregularities and is null and void. Plaintiffs are not entitled to damages as demolition was executed pursuant to a court order by a third party not impleaded in this suit.

Court Disposition

Plaintiffs' suit dismissed; defendant's counterclaim allowed.

Orders

  • Defendant declared lawful owner of disputed land.
  • Registrar of Titles ordered to cancel and rectify Title No. 79255 regarding Plots No. 1022-1030 Block 'A' Mbweni.