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The parties mutually agreed to settle all claims regarding Plot No. 41 Block 'C' Uhuru Street, Morogoro, with the Plaintiff relinquishing all rights and claims in exchange for monetary consideration and allocation of alternative plots, and the court recorded the settlement as a binding consent judgment.
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The suit was not time barred as limitation ran from the date the respondent became aware of trespass; the trial court was not legally required to involve assessors; respondent proved ownership by certificate of title and testimony; special damages were not strictly proved and the award was set aside; appellant's defence was considered and found weak.
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The Court of Appeal upheld a mortgage sale to auction purchasers, held the settlement did not extinguish the bank’s power of sale, and confirmed mesne profits.
The suit was struck out as it was prematurely instituted for failure to serve the Attorney General with a copy of the statutory notice of intention to sue, which is a mandatory legal requirement.
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Defendant trespassed on plot No. 2 Block 'E', the estate of Saada Katema, and subdivision of the plot to create plot No. 110 and grant of certificate of title to defendant was illegal, null and void, as it violated statutory requirements and principles of natural justice. Defendant's improvements and certificate of title do not confer ownership or legal right. Plaintiff is entitled to vacant possession, demolition of defendant's structures, general damages, and costs, but not mesne profits or special damages due to lack of proof and limitation period.
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The Court of Appeal upheld restitution for demolition of a claimed house, rejected procedural objections, and varied interest to run from judgment until full payment.
The Court of Appeal granted extra time to seek revision, finding an arguable illegality on the face of the record about refusal of mesne profits.
The High Court declared a purported sale of a jointly owned property null and void, found the 1st defendant a trespasser, and ordered vacant possession and arrears.
The High Court upheld a bank auction sale of mortgaged land, found the plaintiff to be the lawful owner after registration, dismissed the counterclaim, and ordered vacant possession.
The 2nd defendant, as registered personal legal representative of the late Ferdinand Mutagwaba Mutabiilwa, holds lawful title to Plot No.9 Kurasini Area under CT No.186100/82; plaintiff failed to prove ownership; 1st defendant was a bonafide tenant based on reasonable belief in authority of lessor.
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