donart kaizalwatani and another vs commissioner from land and 2 others 2022 tzhc 12612 31 august 202

donart kaizalwatani and another vs commissioner from land and 2 others 2022 tzhc 12612 31 august 202

The allocation of the suit land to the 3rd defendant was unlawful as the Commissioner for Lands failed to comply with the Land Acquisition Act and did not extinguish the prior lawful occupation of Penina Urassa. The plaintiffs are entitled to rectification of the land registry in favor of Donart Kaiz Alwatani.

Citation
donart kaizalwatani and another vs commissioner from land and 2 others 2022 tzhc 12612 31 august 202
Parties
1st Plaintiff: Donart Kaiz Alwatani; 2nd Plaintiff (administrator of the Estate of Penina Urassa): Fredrick Urassa; 1st Defendant: The Commissioner for Lands; 2nd Defendant: The Hon Attorney General; 3rd Defendant: Seleman Yusufu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Land Case / Judgment
Outcome
Plaintiffs' case succeeds to the extent explained.
Legal Topics
Land Allocation, Right of Occupancy, Land Acquisition, Rectification of Land Registry
Source Language
English
Land Law Land Allocation Right of Occupancy Land Acquisition Rectification of Land Registry

Case Brief

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Parties

Donart Kaiz Alwatani

1st Plaintiff

Fredrick Urassa

2nd Plaintiff (administrator of the Estate of Penina Urassa)

The Commissioner for Lands

1st Defendant

The Hon Attorney General

2nd Defendant

Seleman Yusufu

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiffs were lawful owners of the suit premises prior to its allocation to the 3rd defendant
  2. 2 Whether there was any development on the suit premises during allocation
  3. 3 Whether allocation to the 3rd defendant was lawful

Ratio Decidendi

The allocation of the suit land to the 3rd defendant was unlawful as the Commissioner for Lands failed to comply with the Land Acquisition Act and did not extinguish the prior lawful occupation of Penina Urassa. The plaintiffs are entitled to rectification of the land registry in favor of Donart Kaiz Alwatani.

Court Disposition

Plaintiffs' case succeeds to the extent explained.

Orders

  • Commissioner for Lands to rectify the land registry and register Donart Kaiz Alwatani as owner of the disputed plot.
  • If need be, 3rd defendant to be compensated by allocation of another plot.