afwa said suleiman another vs hator ali abdalla 2014 tzhc 2376 27 june 2014

afwa said suleiman another vs hator ali abdalla 2014 tzhc 2376 27 june 2014

It is illegal and unjustifiable to order compensation to a trespasser for structures built on land not belonging to him; the Tribunal misapplied Section 32 by not exercising the deciding vote on a question of law.

Source-derived case information.

Citation
afwa said suleiman another vs hator ali abdalla 2014 tzhc 2376 27 june 2014
Parties
Appellant: Afwa Said Suleiman; Respondent: Khato Ali Abdalla
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 June 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Land Ownership, Trespass, Compensation, Majority Decision, Questions of Law
Source Language
english
Property Law Civil Procedure Land Ownership Trespass Compensation Majority Decision Questions of Law

Source-derived case record

Summary, issues, holding and outcome

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Parties

Afwa Said Suleiman

Appellant

Khato Ali Abdalla

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether a trespasser is entitled to compensation for structures built on another's land
  2. 2 Interpretation of Section 32 of the Land Tribunal Act, 1994 regarding majority decisions and questions of law

Ratio Decidendi

It is illegal and unjustifiable to order compensation to a trespasser for structures built on land not belonging to him; the Tribunal misapplied Section 32 by not exercising the deciding vote on a question of law.

Court Disposition

appeal allowed

Orders

  • Order for compensation against the appellant quashed
  • Respondent to remove his foundation from appellant’s plot at his own cost