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Tanzania decisions
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The Registrar's notice of rectification failed to assign reasons for alleged fraud, depriving the appellant of the right to be heard and violating constitutional property rights. Rectification cannot proceed without procedural fairness.
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Non-joinder of the Registrar of Titles in a suit involving registered land and allegations of fraud in registration is fatal, as the Registrar is a necessary party whose interests and actions are directly affected by any decree rectifying the land register. The court must order amendment of pleadings to join the Registrar and, by operation of law, the Attorney General, after compliance with statutory notice requirements.
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The High Court dismissed a land ownership suit over plots at Mabwepande, finding the plaintiff had not proved title or fraud and that the registered defendants were not trespassers.
Failure to join the Registrar of Titles, a necessary party implicated in the alleged malpractice and fraud, renders the suit incompetent and incapable of effective adjudication.
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The Village Council had no legal right to re-allocate land already in possession and development by the appellant, whose customary right of occupancy was not legally revoked or surrendered. The grant of occupancy to the 3rd respondent was ineffectual and void.
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The Village Council had no legal authority to re-allocate land under the appellant's possession and development without his consent. The appellant's customary right of occupancy was not legally revoked or surrendered, making the subsequent grant to the 3rd respondent ineffectual.
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