Tanzania Case Law

ABBAS HUSSEIN

Court

TANZLII

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.

Source excerpt

• Joinder of necessary parties
• Registered land disputes
• Fraud in land registration

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ABISAI

Court

TANZLII

Failure to join the Registrar of Titles as a necessary party in a dispute over registered land renders the proceedings and judgment of the trial tribunal a nullity and occasions a miscarriage of justice. The appeal is allowed, the proceedings and judgment of the trial tribunal are nullified and quashed, and the original application is struck out for want of necessary parties and jurisdiction.

Source excerpt

• Joinder of necessary parties
• Registered land disputes
• Natural justice
• Jurisdiction
• Nullity of proceedings

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amidu amri ndagije vs amri ndagije and 3 others 2022 tzhc 10243 31 may 2022

Court

TZHC

The High Court struck out a land plaint after finding the Commissioner for Lands was a necessary party in a dispute over registered land and transfer of occupancy.

• Non-joinder of necessary party
• Notice of intention to sue
• Right to be heard
• Registered land disputes
• Non-joinder-of-parties
• Necessary-parties

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