20060203 TZHC Dr es Salaam

20060203 TZHC Dr es Salaam

The appellants' occupation was with the respondent's express permission, making them licensees; their presence could not constitute trespass as the respondent's consent rendered their acts non-wrongful. The District Court erred by focusing on title rather than possession and permission.

Citation
20060203 TZHC Dr es Salaam
Parties
Appellant: Abdallah Mohamed; Appellant: Augustino A. Gauma; Respondent: Misperes Musoka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 February 2006
Procedural Posture
PC Civil Appeal / Second Appeal (high Court) From District Court Decision
Outcome
Appeal allowed
Legal Topics
Trespass to Land, Licences, Possession Vs. Ownership, Demolition Orders
Source Language
English
Civil Law Tort Law Land Law Trespass to Land Licences Possession Vs. Ownership Demolition Orders

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Parties

Abdallah Mohamed

Appellant

Augustino A. Gauma

Appellant

Misperes Musoka

Respondent

Procedural Posture

PC Civil Appeal / Second Appeal (high Court) From District Court Decision

Legal Issues

  1. 1 Whether the appellants were trespassers on the respondent's land
  2. 2 Whether the District Court erred in reversing the Primary Court's decision
  3. 3 Effect of respondent's permission on appellants' occupation

Ratio Decidendi

The appellants' occupation was with the respondent's express permission, making them licensees; their presence could not constitute trespass as the respondent's consent rendered their acts non-wrongful. The District Court erred by focusing on title rather than possession and permission.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the District Court set aside
  • Judgment and decree of the Primary Court reinstated