tom morio vs athumani hassan others 2022 tzca 114 16 march 2022

tom morio vs athumani hassan others 2022 tzca 114 16 march 2022

Appellant was a bonafide purchaser for value without adverse notice; there was no evidence he had actual, constructive, or imputed notice of fraud. The sale and transfer to appellant were valid. The High Court erred in declaring the sale void and ordering return and cancellation of title. 1st and 2nd respondents cannot benefit from their own wrongs.

Citation
tom morio vs athumani hassan others 2022 tzca 114 16 march 2022
Parties
Appellant: Tom Morio; 1st Respondent: Athumani Hassan (Administrator of the Estate of Hassan Mohamed Siara); 2nd Respondent: Wilfred Justine Mollel; 3rd Respondent: Azania Bank Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 March 2022
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Bonafide Purchaser, Fraud, Land Transfer, Mortgage, Administration of Estates
Source Language
English
Property Law Civil Procedure Bonafide Purchaser Fraud Land Transfer Mortgage Administration of Estates

Case Brief

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Parties

Tom Morio

Appellant

Athumani Hassan (Administrator of the Estate of Hassan Mohamed Siara)

1st Respondent

Wilfred Justine Mollel

2nd Respondent

Azania Bank Ltd

3rd Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant was a bonafide purchaser for value without adverse notice
  2. 2 Validity of the sale and transfer of the suit property
  3. 3 Liability for fraud and misrepresentation

Ratio Decidendi

Appellant was a bonafide purchaser for value without adverse notice; there was no evidence he had actual, constructive, or imputed notice of fraud. The sale and transfer to appellant were valid. The High Court erred in declaring the sale void and ordering return and cancellation of title. 1st and 2nd respondents cannot benefit from their own wrongs.

Court Disposition

appeal allowed

Orders

  • High Court judgment and decree quashed and set aside
  • Appellant declared true and rightful owner of Plot No. 39 Block 'G' Area F, Zaramo Street, Arusha Municipality