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Tanzania decisions
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The Registrar of Titles is a necessary party as the relief sought involves nullification of transfers effected by the Registrar, and without their joinder, the court cannot grant effective relief; thus, the suit is struck out for non-joinder of a necessary party.
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The application is unmaintainable because the party responsible for the complained action (Registrar of Titles) was not joined, and no order can be made against a non-party without violating the right to be heard.
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The trial tribunal failed to properly evaluate documentary evidence and witness testimony, particularly Exhibits A and B, which established that the transfer of the land title was conditional and not a gift. The appellant retained ownership, and the purported transfer to the late Patrick Alfred Mwananzumi was void. The disputed land forms part of the estate of the late Leonada Benedicto Kapele, not the late Patrick Alfred Mwananzumi.
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