abubakar mkakile vs alex maganga others 2012 tzhclandd 150 25 september 2012

abubakar mkakile vs alex maganga others 2012 tzhclandd 150 25 september 2012

The Appellant is the rightful owner of the disputed land as he accepted the letter of offer, fulfilled all conditions, has been in possession and developed the land for over 12 years, and the Tribunal erred by not adjudicating the counterclaim and by awarding ownership based on issues not pleaded.

Citation
abubakar mkakile vs alex maganga others 2012 tzhclandd 150 25 september 2012
Parties
Appellant: Abubakar Mkakile; 1st Respondent: Alex Maganga; 2nd Respondent: Director of Dar es Salaam City Council; 3rd Respondent: N.E. Sikander
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 September 2012
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed with costs.
Legal Topics
Double Allocation, Right of Occupancy, Counterclaim Procedure, Pleadings and Issues, Possession and Title, Costs
Source Language
English
Land Law Double Allocation Right of Occupancy Counterclaim Procedure Pleadings and Issues Possession and Title Costs

Case Brief

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Parties

Abubakar Mkakile

Appellant

Alex Maganga

1st Respondent

Director of Dar es Salaam City Council

2nd Respondent

N.E. Sikander

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the Trial Tribunal erred by not adjudicating the counterclaim filed by the Appellant
  2. 2 Whether the Trial Tribunal erred by awarding ownership based on customary title instead of double allocation
  3. 3 Who has the better title to Plot No. 685 Block C, Mbezi Beach, Dar es Salaam

Ratio Decidendi

The Appellant is the rightful owner of the disputed land as he accepted the letter of offer, fulfilled all conditions, has been in possession and developed the land for over 12 years, and the Tribunal erred by not adjudicating the counterclaim and by awarding ownership based on issues not pleaded.

Court Disposition

Appeal allowed with costs.

Orders

  • Appellant declared rightful owner of Plot No. 685 Block C, Mbezi Beach, Dar es Salaam.
  • Perpetual injunction restraining Respondents from interfering with Appellant's possession and ownership.