Innocent/Bonafide purchaser remedy

Decree Holder · 2022-04-10T08:40:48+00:00

Who is the innocent/bonafide purchaser in Tanzania? The buyer is an innocent or bonafide purchaser in Tanzania if he had no actual notice, constructive and imputed notice when buying the suit landed property. The remedy of innocent purchaser is to be declared to be rightful owner of the landed property. This was in the CAT case CIVIL APPEAL NO. 179 OF 2019 TOM MORIO VERSUS 1. ATHUMANI HASSAN (Suing as the Administrator of the Estate of the Late Hassan Mohamed Siara) 2. WILFRED JUSTINE MOLLEL 3.AZANIA BANK LTD "Although the facts in each of the above cited cases differ, the courts agreed that a person is a bonafide purchaser for value once there was no notice of any encumbrance at the time of sale. In the present appeal, there is abundant evidence that the appellant believed the 2nd respondent was actually Hassan Mohamed Siara, the property owner, and could sell it to the appellant. The same way the bank, TRA, Land Registry, DW1, and DW2 all fell prey to the 2nd respondent's fraud, impersonating himself as Hassan Mohamed Siara, is the same way the appellant was deceived."

Thread starter Decree Holder
Start date Apr 10, 2022

Decree Holder

JF-Expert Member

Apr 10, 2022

CCM MKAMBARANI

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