20151211 TZHC Dar es Salaam

20151211 TZHC Dar es Salaam

The defendant is the lawful owner of the disputed land as she was the first to purchase it from PW2, supported by valid sale agreements and a prior court judgment. The plaintiffs' registration was tainted by irregularities and is null and void. The demolition was executed under a court order, and the executor was not impleaded; thus, the plaintiffs' claim for damages fails.

Citation
20151211 TZHC Dar es Salaam
Parties
Plaintiff: Sosthenes Bruno; Plaintiff: Dianarose Bruno; Defendant: Flora Shauri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2015
Procedural Posture
Civil / Judgment
Outcome
Plaintiffs' suit dismissed. Defendant's counterclaim partly allowed.
Legal Topics
Ownership of Land, Sale of Land, Registration of Title, Execution of Court Orders, Damages, Injunction
Source Language
English
Land Law Civil Procedure Ownership of Land Sale of Land Registration of Title Execution of Court Orders Damages Injunction

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Parties

Sosthenes Bruno

Plaintiff

Dianarose Bruno

Plaintiff

Flora Shauri

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Who is the lawful owner of the disputed plot?
  2. 2 Are the plaintiffs entitled to damages for demolition?
  3. 3 Was the sale and registration to the plaintiffs valid?

Ratio Decidendi

The defendant is the lawful owner of the disputed land as she was the first to purchase it from PW2, supported by valid sale agreements and a prior court judgment. The plaintiffs' registration was tainted by irregularities and is null and void. The demolition was executed under a court order, and the executor was not impleaded; thus, the plaintiffs' claim for damages fails.

Court Disposition

Plaintiffs' suit dismissed. Defendant's counterclaim partly allowed.

Orders

  • Defendant declared lawful owner of the disputed land.
  • Registrar of Titles to cancel and rectify Title No. 79255 regarding Plot No. 1022 - 1030 Block 'A' Mbweni in Kinondoni, Dar es Salaam.