Description
Valentine Leopold Ndanu v. Eva Aminiel Kitomari and Dr. Edmund Kilawila Leo, Court of Appeal, 2024 (Tanzlii)
Cohabitation, jointly acquired property, presumption of marriage, sale of a jointly acquired property without the consent of the other joint owner, forgery, advocate who attested the sale agreement to testify, special damages.
i) A woman who cohabits with a man and acquires property jointly with him has a right over the property, whether presumption of marriage between them exists or not (pp. 15 – 17). The Court followed decisions in Hidaya Ally v. Amri Mlugu, Civil Appeal No. 105 of 2008; and Hemed Tamim v. Renata Shayo [1994] TLR 197.
ii) Sale, by one person of a jointly acquired property without the consent of the other joint owner is invalid (p. 17).
iii) Pleading forgery.
iv) Calling the advocate who attested the sale agreement to testify.
v) Costs for alternative accommodation after eviction belong to the category of special damages and they should be pleaded and proved.
