adelick elisa vs ahmed shabiby another 2011 tzhc 2148 30 september 2011

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Adelick Elisa

Appellant

Ahmed Shabiby

Respondent

Capital Development Authority

Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether the appellant was entitled to reliefs including damages and restraint order against respondents regarding the disputed land
  2. 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