adelick elisa vs ahmed shabiby another 2011 tzhc 2148 30 september 2011
The appellant's rights over the disputed land expired after two years and were not renewed; claims for damages and restraint order lacked evidentiary support and were correctly dismissed.
- Citation
- adelick elisa vs ahmed shabiby another 2011 tzhc 2148 30 september 2011
- Parties
- Appellant: Adelick Elisa; Respondent: Ahmed Shabiby; Respondent: Capital Development Authority
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2011
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Land Allocation, Temporary Licence, Compensation, Procedural Irregularities
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Adelick Elisa
Appellant
Ahmed Shabiby
Respondent
Capital Development Authority
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was entitled to reliefs including damages and restraint order against respondents regarding the disputed land
- 2 Whether procedural irregularities in the trial court vitiated the proceedings
Ratio Decidendi
The appellant's rights over the disputed land expired after two years and were not renewed; claims for damages and restraint order lacked evidentiary support and were correctly dismissed.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed
- Appellant to pay costs
Full Case Text
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