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Tanzania decisions
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The application was dismissed because the supporting affidavit and documents were marred with elements of fraud and untruths, rendering them unreliable and invalid for supporting the relief sought.
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The preliminary objection on both lack of jurisdiction and lack of locus standi is overruled as the application concerns removal of a caveat and there is insufficient evidence that the first respondent is still administrator of the estate. The applicant is entitled to sue any person who has interfered with his rights.
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The High Court granted an application to remove a caveat from land at Kijitonyama after the caveator failed to appear or show cause despite notice.
The caveat had remained in the Land Registry for almost 11 years without any action by the respondent, and the respondent had not established a reasonable cause to maintain the caveat. The applicant is the registered owner and there was no order for division of the property in matrimonial proceedings. The caveat must be removed to safeguard the interests of both parties.
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Failure to join the Registrar of Titles, who registered the caveat and would be the subject of any removal order, renders the application incompetent as the order would be inexecutable and would violate the right to be heard.
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