SHARIFA HABIBU (AS LEGAL PERSONAL REPRESENTATIVE OF THE ESTATE OF THE LATE HABIBU ALLY) VS MOHAMED JUMA ALI AND 2 OTHERS (CIVIL APPEAL NO. 445 OF 2021) [2024] TZCA 1144 (25 NOVEMBER 2024)

Abstract

The main issue of controversy between the parties to this appeal is the ownership of a parcel of land described as Plot No. 657, Block 31 (the suit property) situated at Kigamboni within Dar es Salaam Region. The material background and essential facts of matter as obtained from the record of appeal indicate that the alleged owner of the suit property was the late Habibu Ally who passed away in 1987 when the deceased's daughter Sharifa Habibu was three years old. After the demise of Habibu Ally, in 2007, the appellant was appointed by the Primary Court of Kigamboni via Probate and Administration Cause No. 64 of 2007 administer his estate