vicent daniel msamba vs the registrar if titles the honourable attorney general 2023 tzhclandd 16782 23 august 2023
The rectification was lawful as the survey plan was not approved, constituting fraud under the Land Registration Act, and the appellant was served notice by registered post, satisfying statutory requirements for the right to be heard.
- Citation
- vicent daniel msamba vs the registrar if titles the honourable attorney general 2023 tzhclandd 16782 23 august 2023
- Parties
- Appellant: Vicent Daniel Msamba; 1st Respondent: Registrar of Titles; 2nd Respondent: Honorable Attorney General
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 23 August 2023
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Rectification of Land Register, Fraudulent Title Issuance, Right to Be Heard, Service of Notice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Vicent Daniel Msamba
Appellant
Registrar of Titles
1st Respondent
Honorable Attorney General
2nd Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the rectification of the land register by deleting the appellant's name and replacing it with the President's was lawful
- 2 Whether the appellant was afforded the right to be heard before rectification
Ratio Decidendi
The rectification was lawful as the survey plan was not approved, constituting fraud under the Land Registration Act, and the appellant was served notice by registered post, satisfying statutory requirements for the right to be heard.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed
- Appellant to pay costs
Full Case Text
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