20150317 TZHC Iringa

20150317 TZHC Iringa

The Plaintiff is the lawful owner of Plot No. 347 Block 'E' Makambako Area as evidenced by the allocation letter and corroborated by the land surveyor. The defendant, having constructed a permanent house without the Plaintiff's consent, is a trespasser. The plot was surveyed, and the defendant's residential licence does not confer ownership over the surveyed plot.

Citation
20150317 TZHC Iringa
Parties
Plaintiff: Frank Nyika (Administrator of the Estate of the late Asheri Nyika); Defendant: Linus Chengula
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 March 2015
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's claim partly allowed
Legal Topics
Trespass, Ownership of Land, Allocation of Land, Survey of Land, Demolition Orders
Source Language
English
Land Law Trespass Ownership of Land Allocation of Land Survey of Land Demolition Orders

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Parties

Frank Nyika (Administrator of the Estate of the late Asheri Nyika)

Plaintiff

Linus Chengula

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is the lawful owner of Plot No. 347 Block 'E' Makambako Area
  2. 2 Whether the defendant trespassed into the Plaintiff's suit land
  3. 3 Whether the disputed plot was surveyed or not

Ratio Decidendi

The Plaintiff is the lawful owner of Plot No. 347 Block 'E' Makambako Area as evidenced by the allocation letter and corroborated by the land surveyor. The defendant, having constructed a permanent house without the Plaintiff's consent, is a trespasser. The plot was surveyed, and the defendant's residential licence does not confer ownership over the surveyed plot.

Court Disposition

Plaintiff's claim partly allowed

Orders

  • Defendant is required to demolish the house constructed in Plot No. 347 Block E, Mwembetogwa, Makambako and provide vacant possession.
  • Costs to follow the event.