Tanzania Case Law

LOYCE LYANGA AND OTHERS VERSUS THE ASSISTANT REGISTRAR AND OTHERS Draft Judgment

Court

TANZLII

The Assistant Registrar of Titles acted unlawfully by issuing a notice to remove the caveat and register the right of occupancy in favour of the 2nd and 3rd respondents without affording the appellants the right to be heard and without investigating the alleged fraudulent transfer, in violation of statutory requirements and principles of natural justice. The proper procedure was to appeal under section 102 of the Land Registration Act, not to institute a suit under the Registration of Documents Act, as the caveat had not yet been removed but was threatened by the notice.

Source excerpt

• Caveats
• Land registration
• Right to be heard
• Fraudulent transfer
• Jurisdiction
• Appeals process

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amana bank ltd vs shaban athumani others 2019 tzhccomd 11 15 january 2019

Court

TZHCCOMD

The High Court held that the defendants entered a valid Murabaha financing agreement, defaulted on repayment, and must pay the outstanding balance, but claims over the disputed property failed.

• Murabaha facility
• Loan agreement
• Personal guarantee
• Mortgage
• Sale of property
• Attachment of property

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fatima fatehali nazarali jinah vs mohamed alibhai kassam 2016 tzca 642 20 june 2016

Court

TZCA

Court of Appeal held the appellant lacked standing to seek revocation of a grant, but allowed the appeal because two grants over the same estate could not co-exist.

• Revocation of grant
• Locus standi
• Co-existence of grants
• Caveats
• Interest in estate
• Revocation-of-grant

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20030711 TZHC Arusha

Court

TZHC

The High Court dismissed an application to restrain dealings with land, holding that temporary injunction relief requires a pending suit and that a necessary purchaser had not been joined.

• Temporary injunctions
• Caveats
• Joinder of parties
• Prematurity of application
• Temporary-injunctions
• Joinder-of-parties

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mgeni ramadhani vs assistant registrar of titles another 2003 tzhc 92 11 july 2003

Court

TZHC

The High Court dismissed an application for interim restraint over land disposition because no suit was pending and a necessary purchaser had not been joined.

• Temporary injunctions
• Caveats
• Joinder of parties
• Prematurity of application
• Temporary-injunctions
• Joinder-of-parties

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20030711 TZHC Arusha

Court

TZHC

The High Court dismissed an application for interim relief over caveat removal and land disposition because no suit had been filed and a necessary purchaser was not joined.

• Temporary injunctions
• Caveats
• Joinder of parties
• Prematurity of application
• Temporary-injunctions
• Joinder-of-parties

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calico textiles industries ltd vs zenon investments ltd others 1998 tzhc 1 16 june 1998

Court

TZHC

The High Court dismissed Calico Textile Industries’ application over a caveat and title deed dispute, finding the supporting affidavit fatally defective and the injunction prayer unavailable.

• Temporary injunctions
• Caveats
• Affidavit validity
• Limitation of actions
• Joinder of parties
• Land registration

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