athuman ramadhani kitambi others vs the regional commissioner for coast region others 2023 tzhc 23711 15 december 2023

athuman ramadhani kitambi others vs the regional commissioner for coast region others 2023 tzhc 23711 15 december 2023

The petition was struck out as incompetent because the petitioners failed to comply with section 4(2) of BRADEA by not filing affidavits from each petitioner demonstrating personal effect of the alleged violations, and because they failed to exhaust alternative remedies available under other laws before invoking the Basic Rights and Duties Enforcement Act.

Citation
athuman ramadhani kitambi others vs the regional commissioner for coast region others 2023 tzhc 23711 15 december 2023
Parties
Petitioners: Athumani Ramadhani Kitambi and 129 Others; 1st Respondent: The Regional Commissioner for Coast Region; 2nd Respondent: The Honourable Attorney General of the United Republic of Tanzania; 3rd Respondent: Ranch of Zanzibar in Bagamoyo (RAZABA); 4th Respondent: The Honourable Attorney General of Zanzibar; 5th Respondent: The Commissioner for Lands; 6th Respondent: The Registrar of Titles
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2023
Procedural Posture
Constitutional Petition (originating Summons) / Ruling on Preliminary Objections
Outcome
Petition struck out as incompetent with costs.
Legal Topics
Locus Standi, Exhaustion of Remedies, Affidavit Requirements, Judicial Review, Adverse Possession, Compensation for Land Acquisition
Source Language
English
Constitutional Law Land Law Administrative Law Locus Standi Exhaustion of Remedies Affidavit Requirements Judicial Review Adverse Possession +1 more

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Parties

Athumani Ramadhani Kitambi and 129 Others

Petitioners

The Regional Commissioner for Coast Region

1st Respondent

The Honourable Attorney General of the United Republic of Tanzania

2nd Respondent

Ranch of Zanzibar in Bagamoyo (RAZABA)

3rd Respondent

The Honourable Attorney General of Zanzibar

4th Respondent

The Commissioner for Lands

5th Respondent

The Registrar of Titles

6th Respondent

Procedural Posture

Constitutional Petition (originating Summons) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petitioners have locus standi to institute the petition under section 4(1) of BRADEA and Article 30(3) of the Constitution
  2. 2 Whether the petition is incompetent for lack of affidavits from all petitioners as required by section 4(2) of BRADEA
  3. 3 Whether the petitioners failed to exhaust alternative remedies before invoking the Basic Rights and Duties Enforcement Act

Ratio Decidendi

The petition was struck out as incompetent because the petitioners failed to comply with section 4(2) of BRADEA by not filing affidavits from each petitioner demonstrating personal effect of the alleged violations, and because they failed to exhaust alternative remedies available under other laws before invoking the Basic Rights and Duties Enforcement Act.

Court Disposition

Petition struck out as incompetent with costs.

Orders

  • The petition is struck out for incompetence due to lack of requisite affidavits and failure to exhaust alternative remedies.
  • Petitioners to pay costs.