Disputed ownership claims over a surveyed Plot of land which once belonged to Khalil Ally Hildid (deceased), was at the centre of a suit in the High Court of Tanzania at Arusha, which has now led to this appeal. It was the Respondent Amina Kalile Ally who in her capacity as the Administratrix of the Estate of the deceased initiated the suit (Land Case No. 9 of 2013) against the Appellant, Ally Omari Abdi. The Respondent’s case is that when her father Khalil Ally Hildid died in 1982, he was survived by two children, the Respondent and her brother Yusufu Khalil Ally. In 1996 the Respondent applied and was duly appointed by the Maromboso Urban Primary Court to administer the estate of her deceased father in Probate Cause No. 140/1996. That is how, according to the Respondent, the PLOT NO. 30, BLOCK “E”, AREA “F” came under her administration.
The Appellant had different version about how the deceased property ultimately passed hands through Yusuph right up to the Appellant’s ownership. In his statement of defence the Appellant denied liability stating that the deceased was survived by two children— Yusuph Khalil Ally and Hawa Khalil Ally when he died on 17th January 1981. Yusuph Khalil Ally was then appointed by the Primary Court of Katesh to administer the estate of his deceased father in Probate and Administration No. 11 of 1987.
According to the Appellant’s version, in 1998 Yusuph Khalil Ally registered the property of his late father in his own name and was granted Certificate of Title No. 18049 for 99 years. Another change of ownership took place on 28th December, 2005 when Yusuph Khalil Ally transferred the property as a gift to the Appellant. The Appellant also contended that by the time Yusuph Khalil Ally died in 2011, the Plot had been transferred and registered in the Appellant’s name.
When the appeal came up for hearing, learned Advocate for the Appellant informed the court that they had a preliminary matter they were bringing up which the court should address first. The attention was drawn to three sets of what the learned Advocates for the Appellant regarded as fatal irregularities, which should attract the Court’s order of nullification of a portion of the trial proceedings in Land Case No. 9 of 2013 subject of this instant appeal. These irregularities notice of which was filed in Court were, among others, failure or omission by the trial Judge to sign and date on Exhibit P-1.