abuu sadiki lema vs dar es salaam city council 2 others 2023 tzhclandd 17184 9 november 2023

abuu sadiki lema vs dar es salaam city council 2 others 2023 tzhclandd 17184 9 november 2023

The parties reached a binding settlement whereby the plaintiff is to be compensated for the compulsorily acquired land and recognized as lawful owner of the alternative plots, ending all further claims related to the suit.

Citation
abuu sadiki lema vs dar es salaam city council 2 others 2023 tzhclandd 17184 9 november 2023
Parties
Plaintiff: Abuu Sadiki Lema; 1st Defendant: Dar es Salaam City Council; 2nd Defendant: Tanzania Airports Authority; 3rd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 November 2023
Procedural Posture
Land Case / Consent Judgment
Outcome
Consent judgment entered as per settlement; each party to bear its own costs.
Legal Topics
Compensation for Compulsory Acquisition, Ownership of Land, Settlement Agreement
Source Language
English

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Parties

Abuu Sadiki Lema

Plaintiff

Dar es Salaam City Council

1st Defendant

Tanzania Airports Authority

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Land Case / Consent Judgment

  1. 1 Whether the plaintiff is entitled to compensation for compulsory acquisition of land
  2. 2 Whether the plaintiff is entitled to ownership and possession of Plots No. 773 and 782 Block 'H' Pugu Mwakanga
  3. 3 Whether the acts of the defendants were illegal and in breach of trust

Ratio Decidendi

The parties reached a binding settlement whereby the plaintiff is to be compensated for the compulsorily acquired land and recognized as lawful owner of the alternative plots, ending all further claims related to the suit.

Court Disposition

Consent judgment entered as per settlement; each party to bear its own costs.

Orders

  • Second defendant to compensate plaintiff TZS 114,334,500.00 for compulsorily acquired land.
  • First defendant to process documents of ownership for plaintiff in respect of Plot No. 782 Block 'H' Pugu Mwakanga.