19931125 TZCA Zanzibar3

19931125 TZCA Zanzibar3

The purported transfer of the house by Ahmed Iddi Mjasir to himself was invalid under section 5 of the Transfer of Property Decree, Cap 150, as a person cannot convey property to himself alone. Consequently, the subsequent transfer to his son was also void. There was no evidence of consideration paid for the sale, further vitiating the transaction.

Citation
19931125 TZCA Zanzibar3
Parties
Appellant/defendant: Mohamed Iddi Hjasir; Respondent/plaintiff: Jayantilal Dhanji Joshi (represented by his wife)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 November 1993
Procedural Posture
Civil Appeal / Appeal From High Court of Zanzibar Decision in Civil Case No. 3 of 1992
Outcome
Appeal dismissed
Legal Topics
Transfer of Property, Fiduciary Duty, Power of Attorney, Validity of Conveyance, Consideration in Sale
Source Language
English
Property Law Civil Procedure Transfer of Property Fiduciary Duty Power of Attorney Validity of Conveyance Consideration in Sale

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Parties

Mohamed Iddi Hjasir

Appellant/defendant

Jayantilal Dhanji Joshi (represented by his wife)

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From High Court of Zanzibar Decision in Civil Case No. 3 of 1992

Legal Issues

  1. 1 Whether the transfer of property by Ahmed Iddi Mjasir to himself and subsequently to his son was lawful under the Transfer of Property Decree, Cap 150 of Zanzibar
  2. 2 Whether the power of attorney authorized the transfer to self
  3. 3 Whether consideration was paid for the sale

Ratio Decidendi

The purported transfer of the house by Ahmed Iddi Mjasir to himself was invalid under section 5 of the Transfer of Property Decree, Cap 150, as a person cannot convey property to himself alone. Consequently, the subsequent transfer to his son was also void. There was no evidence of consideration paid for the sale, further vitiating the transaction.

Court Disposition

Appeal dismissed

Orders

  • Respondent declared lawful owner of house No. Z328 at Sokomhogo Street, Zanzibar
  • All rent collected from 1/10/87 to be paid by appellant/defendant to respondent