CIVIL 80 OF 2022 A

CIVIL 80 OF 2022 A

Plaintiff is not entitled to the outstanding compensation as he is not the registered owner of the land; the Dar es Salaam Development Corporation holds the valid title. Defendants are not entitled to a refund of compensation already paid, as the plaintiff received it in bona fide belief of ownership and without deceit.

Citation
CIVIL 80 OF 2022 A
Parties
Plaintiff: Abdallah Mwanjia Kaima; 1st Defendant: Minister of State, The President’s Office (Regional Administration and Local Government); 2nd Defendant: District Executive Director for Kinondoni Municipal Council; 3rd Defendant: Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil / Judgment
Outcome
Suit and counterclaim dismissed.
Legal Topics
Compulsory Acquisition, Compensation Entitlement, Ownership of Land, Refund of Compensation, Counterclaim
Source Language
English
Land Law Compensation Law Public Acquisition Compulsory Acquisition Compensation Entitlement Ownership of Land Refund of Compensation Counterclaim

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Parties

Abdallah Mwanjia Kaima

Plaintiff

Minister of State, The President’s Office (Regional Administration and Local Government)

1st Defendant

District Executive Director for Kinondoni Municipal Council

2nd Defendant

Hon. Attorney General

3rd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to payment of TZS 28,519,731.56 as outstanding compensation.
  2. 2 Whether the 2nd plaintiff in the counterclaim is entitled to a refund of TZS 48,000,000.56 from the defendant in the counterclaim.
  3. 3 Reliefs to which the parties are entitled.

Ratio Decidendi

Plaintiff is not entitled to the outstanding compensation as he is not the registered owner of the land; the Dar es Salaam Development Corporation holds the valid title. Defendants are not entitled to a refund of compensation already paid, as the plaintiff received it in bona fide belief of ownership and without deceit.

Court Disposition

Suit and counterclaim dismissed.

Orders

  • Plaintiff's suit for outstanding compensation is dismissed.
  • Defendants' counterclaim for refund is dismissed.