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The Court of Appeal dismissed a second appeal over ownership of a house, finding no credible proof that the deceased had gifted it to the appellant.
The applicant failed to satisfy both requirements under rule 11(5) of the Rules, as he did not demonstrate substantial loss nor provide acceptable security for due performance, since the house offered as security was already adjudged to belong to the respondent.
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The plaintiff established ownership of the suit property through documentary evidence, and the property was not included in the list of properties subject to execution in the matrimonial cause. The defendants' attachment and execution over the suit property constituted trespass. Claims for loss of income and specific damages were not substantiated and thus denied.
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The appellant failed to prove collusion or fraud in the procurement of the Certificate of Title for the Mbezi property. The property was purchased and registered in the 2nd respondent's name before the marriage and is not matrimonial property. The motor vehicle was validly gifted to the 2nd respondent and registered in her name; no evidence was adduced to prove it was purchased with family funds. The eviction order was justified as the appellant was a trespasser.
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The High Court Land Division dismissed a land claim as time-barred, holding it was in substance a challenge to a sale in execution of decree.
The applicant proved ownership and interest in Plots No. 6 and 7 Block 'C' Ilemela Service Industrial Area through title deeds, and no contrary evidence was presented. The applicant failed to prove interest in Plots No. 2 and 4. The court ordered release of Plots No. 6 and 7 from attachment and declared the applicant lawful owner of those plots.
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The plaintiffs are the lawful owners of the suit premises by virtue of sale agreements and admissions by the 1st defendant and other directors; the 2nd defendant's challenge is unfounded. The eviction was unlawful and caused damages to the plaintiffs. The 2nd defendant is liable for general damages and costs.
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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.
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The late Rev. Sinyangwe did not have full ownership of the house in 1977 as he had not completed payment under the tenant purchase scheme; therefore, he had no legal right to transfer ownership to the appellant at that time. Ownership only vested in him upon full payment in 2000, and any purported transfer before that date was invalid.
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The counterclaim failed because the second defendant did not prove ownership due to discrepancies in company names and failure to call the seller, a material witness, thus failing to discharge the burden of proof in a contested probate matter.
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