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Tanzania decisions
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The court found the second defendant had no title to sell the land to the plaintiff. The sale was void, but the plaintiff was awarded refund and damages.
The suit house, acquired during the subsistence of marriage, was matrimonial property regardless of registration or direct financial contribution. Disposition of such property without spousal consent is void under the Law of Marriage Act and Land Act. The appellant, aware of the marital relationship, failed to obtain consent, rendering the sale null and void. Costs were properly awarded to the successful party.
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The 2nd respondent did not have good title to the land and could not transfer ownership to the appellant; the appellant purchased at his own risk and cannot claim ownership from the true owner.
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The High Court dismissed a second land appeal, upholding findings that the respondent proved ownership, the vendor lacked title, and the sale was void.
The sale of matrimonial property by one spouse without the consent of the other is void ab initio, even if the purchaser is innocent, as consent is a mandatory legal requirement.
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The sale of the suit land by Veronica Hakimu Mwakipesile to the appellant was void as she lacked authority and was not the sole owner; no valid title could be passed. The issue of TANESCO's ownership was not pleaded or proved at trial and was disregarded.
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The sale of the shamba was void as the seller had no legal right to sell clan land; therefore, no title passed to the appellant and the respondent is not liable to refund the purchase price or compensate for the hut built in the shamba.
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The High Court held that a sale of clan land without clan consent was void, so no title passed and the appellant owed no refund or compensation.
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