Tanzania Case Law

raymond focus mlay vs kcb bank tanzania 4 others 2023 tzhclandd 16413 25 april 2023

Court

TANZLII

The Plaintiff is the lawful owner of the suit premises as evidenced by the Certificate of Occupancy. The mortgage and subsequent sale were void ab initio due to lack of consent, forged signatures, and failure to comply with statutory notice requirements. The 5th Defendant is not a bonafide purchaser for value without notice. The 1st and 4th Defendants must return the certificate of title to the Plaintiff and refund the 5th Defendant the auction purchase price.

Source excerpt

• Mortgage
• Fraudulent sale
• Bonafide purchaser
• Ownership of land
• Auction procedure
• Damages

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cassian calist joseph vs pendo sisty chuwa 3 others 2022 tzhclandd 459 14 june 2022

Court

TANZLII

The sale of the suit property to the plaintiff was void ab initio as the defendant had no title to pass due to existing mortgages in favor of the 3rd and 4th interested parties. Both mortgages, though unregistered, were valid informal mortgages, with the 4th interested party's mortgage ranking first. The public auction conducted by the 2nd and 3rd interested parties was unlawful due to failure to comply with statutory notice requirements. No party is entitled to ownership; the plaintiff is not the lawful owner and may only seek refund per the sale agreement. The suit is dismissed with each pa…

Source excerpt

• Mortgage
• Ownership
• Public auction
• Sale of land
• Priority of mortgages
• Unregistered mortgages

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hamisi bushiri pazi others vs saul henry amon others 2022 tzca 186 13 april 2022

Court

TZCA

The Court of Appeal held that the execution sale of co-owned land was illegal to the extent of the appellants’ 6/7 shares and that the buyer had constructive notice.

• Execution of decrees
• Fraudulent sale
• Bonafide purchaser
• Government proceedings
• Co-ownership
• Attachment and sale of property

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SCANNED 16874

Court

TANZLII

The court lacks jurisdiction to entertain the suit and application as the issues arise from execution of a consent decree in Commercial Case No. 2 of 2011. All questions regarding execution must be addressed to the execution court, not by a fresh suit. The court is functus officio and cannot grant injunctions restraining execution of its own decree.

Source excerpt

• Jurisdiction
• Execution of decree
• Temporary injunction
• Functus officio
• Fraudulent sale
• Consent decree

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hamis sultan mwinyigoha vs zainabu sultan mwinyigoha administratrix of the estate of sultan mwinyigoha 2020 tzhclandd 2317 16 october 2020

Court

TANZLII

The High Court granted leave to appeal after finding the intended appeal raised a genuine factual issue about whether the land sale was fraudulent.

• Leave to appeal
• Ownership of land
• Fraudulent sale
• Appellate review
• Leave-to-appeal
• Land-dispute

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abdallah said masoud vs gharib suleiman and others 2020 tzhclandd 87 17 april 2020

Court

TANZLII

The sale and transfer of the suit property by Christopher B. Nyati to the plaintiff was unlawful because Christopher was not the sole administrator and did not obtain consent from his co-administrator. Consequently, Christopher had no capacity to pass good title, rendering the sale and Certificate of Title null and void. The property remains part of the estate of the late Mary Agnes Beyard.

Source excerpt

• Ownership of immovable property
• Administration of estates
• Fraudulent sale
• Title to land
• Counter-claim procedure

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20151211 TZHC Dar es Salaam 1

Court

TZHC

The High Court dismissed a land appeal arising from a fraudulent sale of a registered plot. It held the transaction voidable for fraud and refused specific performance.

• Fraudulent sale
• Void contract
• Specific performance
• Compensation for improvements
• Land-law
• Fraudulent-sale

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20150327 TZHC Iringa

Court

TZHC

The High Court dismissed a land appeal, upholding concurrent findings that the suit land was lawfully sold to the respondent’s late husband and later resold fraudulently.

• Title to land
• Sale of land
• Fraudulent sale
• Procedural irregularities
• Role of assessors
• Land-law

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ibrahim mloge vs veronica kiulamagulu 2015 tzhclandd 14 27 march 2015

Court

TANZLII

High Court land appeal dismissed after concurrent findings that the respondent’s family lawfully sold the land, while the appellant’s later purchase was fraudulent.

• Concurrent findings
• Sale of land
• Fraudulent sale
• Role of assessors
• Procedural fairness
• Land-law

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emilius herman riwa vs jaffer m jaffer 2014 tzhc 2312 25 august 2014

Court

TZHC

The High Court dismissed a land appeal, upholding findings that the respondent had earlier purchased the plot and that the later sale to the appellant was fraudulent.

• Fraudulent sale
• Title to land
• Admissibility of evidence
• Bonafide purchaser
• Misjoinder of parties
• Land-law

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