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Tanzania decisions
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Applicant met all statutory conditions for stay of execution; timely filing, demonstrated risk of irreparable loss, firm undertaking to furnish security, and attached required documents. Security must be reasonable and court-directed, not arbitrary. Stay granted subject to deposit of bank guarantee for TZS 142,500,000 within sixty days.
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The High Court dismissed a land appeal, upholding a tribunal decision that confirmed an administrator’s sale of estate land to purchasers was lawful.
The second respondent had good title and capacity to transfer the disputed property, as the sale was consented and witnessed by family members, and no dispute exists among them. The appellant failed to prove prior ownership or occupation. The first respondent is a bonafide purchaser whose rights are protected. Non-joinder of family members did not affect the substance of the suit.
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The High Court allowed an appeal over sale of deceased estate land, holding the administrator lacked authority and the buyer could not rely on bona fide purchaser status.
Appellant and her family willingly sold the house to respondent, received payment, and handed over documents; respondent is bonafide purchaser; procedural requirements for transfer do not invalidate sale; appeal lacks merit.
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The administratrix of the deceased's estate cannot be held liable to refund the purchase price for a property sold without her knowledge, involvement, or benefit. Liability for reimbursement rests solely with the party who received the funds and conducted the sale without authority.
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The Court of Appeal dismissed an appeal over trespass to land in an estate dispute, holding that the appellant failed to prove ownership or bona fide purchase.
The Court of Appeal nullified land tribunal and High Court decisions after finding the tribunal was improperly composed and assessors’ opinions were not properly recorded.
Plaintiff's claim for ownership fails because the sale to his vendor was invalidated by prior default judgment and lack of proper capacity in the administrator; however, plaintiff is a bonafide purchaser for value without notice and entitled to refund of purchase price from estate representatives.
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The appellant is the lawful owner of the suit property as he was allocated the land in 2015 and issued a certificate of occupancy in 2019, which was not challenged or revoked. The property was not validly mortgaged to the 2nd respondent, as the mortgage deed lacked clear description and the 1st respondent had no title at the time. The 4th respondent did not acquire good title as a bonafide purchaser because the sale was invalid. Awards of refund and general damages against the 2nd respondent were unwarranted as the appellant's title was confirmed.
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