Innocent/Bonafide purchaser remedy

Zawadi B Lupelo

JF-Expert Member
Jul 19, 2015
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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."



View attachment MD, Mendez - The Law Protects the Bonafide Purchaser for Value, Nemo Dat Quod Non Habet, Dutie...pdf
 
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