20070223 TZHC Dar es Salaam

20070223 TZHC Dar es Salaam

The Plaintiff was the lawful licensee of the suit site by virtue of prior occupation and payment of levies to the Municipal Council. The Defendant's title was contingent on the outcome of a pending suit and thus not perfected. The Defendant's removal of the Plaintiff's structure constituted trespass, and the Plaintiff was entitled to declaratory relief and damages.

Citation
20070223 TZHC Dar es Salaam
Parties
Plaintiff: Alliance Media (T) Ltd; 1st Defendant: Al Outdoor Tanzania Limited; 2nd Defendant: Zadock Enock Koola; 3rd Defendant: Edwin Sannda; 4th Defendant (later 2nd Defendant After Withdrawal): Gilliard Enock Koola
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 2007
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for the Plaintiff against both Defendants jointly and severally.
Legal Topics
Trespass to Land, Licensing of Advertising Sites, Damages, Vicarious Liability, Declaratory Relief
Source Language
English
Civil Law Commercial Law Tort Law Trespass to Land Licensing of Advertising Sites Damages Vicarious Liability Declaratory Relief

Case Brief

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Parties

Alliance Media (T) Ltd

Plaintiff

Al Outdoor Tanzania Limited

1st Defendant

Zadock Enock Koola

2nd Defendant

Edwin Sannda

3rd Defendant

Gilliard Enock Koola

4th Defendant (later 2nd Defendant After Withdrawal)

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Who is the rightful and lawful tenant or licensee of the advertisement site along Haile Sellasie Road adjacent to Jacky's Pub?
  2. 2 Whether the dismantling and removal of the Plaintiff's advertising structure from the suit site is justified and lawful?
  3. 3 Whether the 1st Defendant's structure on the site is justified and lawful?

Ratio Decidendi

The Plaintiff was the lawful licensee of the suit site by virtue of prior occupation and payment of levies to the Municipal Council. The Defendant's title was contingent on the outcome of a pending suit and thus not perfected. The Defendant's removal of the Plaintiff's structure constituted trespass, and the Plaintiff was entitled to declaratory relief and damages.

Court Disposition

Judgment for the Plaintiff against both Defendants jointly and severally.

Orders

  • Declaratory orders as prayed (except restoration of the maxlite)
  • USD 50,000 general damages