monica joseph mkulugute vs zakaria biseko another 2023 tzhclandd 17138 22 november 2023
Neither the appellant nor the second respondent proved lawful ownership or allocation of the disputed land by Kifuru Village Council. The second respondent could not pass good title to the appellant, rendering the sale a nullity. The appellant, as a purchaser from a trespasser, acquired no title and is not entitled to damages. The tribunal's decision to order refund of the purchase price is upheld.
Source excerpt
- Ownership of land
- Bonafide purchaser
- Title to land
- Damages for demolition
- Counterclaim requirements