alex mwita msama vs kinondoni municipal council and others 2020 tzhclandd 89 17 april 2020

alex mwita msama vs kinondoni municipal council and others 2020 tzhclandd 89 17 april 2020

Plaintiff failed to prove legal ownership as he did not possess Certificate of Title and could not show valid transfer of title from previous owners. The property was surrendered to the government and is registered in the name of His Excellency the President. Plaintiff did not conduct due diligence and failed to...

Source-derived case information.

Citation
alex mwita msama vs kinondoni municipal council and others 2020 tzhclandd 89 17 april 2020
Parties
Plaintiff: Alex Mwita Msama; 1st Defendant: Kinondoni Municipal Council; 2nd Defendant: The Commissioner for Lands; 3rd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 April 2020
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Ownership of Land, Transfer of Title, Compensation, Damages, Burden of Proof
Source Language
english
Land Law Civil Procedure Ownership of Land Transfer of Title Compensation Damages Burden of Proof

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Parties

Alex Mwita Msama

Plaintiff

Kinondoni Municipal Council

1st Defendant

The Commissioner for Lands

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the lawful owner of Plot No. 234, CT No. 186152/60, Regent Estate, Dar es Salaam
  2. 2 Whether the disputed plot had been surrendered to the Government of Tanzania
  3. 3 Whether the plaintiff is entitled to compensation to the tune of TZS 1,116,720,000

Ratio Decidendi

Plaintiff failed to prove legal ownership as he did not possess Certificate of Title and could not show valid transfer of title from previous owners. The property was surrendered to the government and is registered in the name of His Excellency the President. Plaintiff did not conduct due diligence and failed to prove compensation or damages. The suit property remains government property.

Court Disposition

Suit dismissed with costs

Orders

  • Plaintiff is not entitled to the reliefs prayed in the plaint
  • Suit is dismissed with costs