19870723 TZHC Dar es Salaam

19870723 TZHC Dar es Salaam

The disputed area was a plot belonging to the appellants, not a path or entrance. The appellants, as owners of a squatter area, had the right to carry out some developments subject to permissions from relevant authorities. The permanent injunction restraining all development was not justified, as the area’s small size could only justify regulating the type or extent of development, not a total prohibition.

Citation
19870723 TZHC Dar es Salaam
Parties
Appellant: Ally Jongo; Appellant: Omari Rashid; Respondent: Mathew C. Haule
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 July 1987
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed with costs
Legal Topics
Injunctions, Land Ownership, Squatter Rights, Procedural Irregularity, Land Development
Source Language
English
Property Law Civil Procedure Injunctions Land Ownership Squatter Rights Procedural Irregularity Land Development

Case Brief

Summary, issues, holding and outcome

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Parties

Ally Jongo

Appellant

Omari Rashid

Appellant

Mathew C. Haule

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the disputed area was a path/entrance or a plot belonging to the appellants
  2. 2 Whether the parties were entitled to the reliefs sought, specifically a permanent injunction

Ratio Decidendi

The disputed area was a plot belonging to the appellants, not a path or entrance. The appellants, as owners of a squatter area, had the right to carry out some developments subject to permissions from relevant authorities. The permanent injunction restraining all development was not justified, as the area’s small size could only justify regulating the type or extent of development, not a total prohibition.

Court Disposition

Appeal allowed with costs

Orders

  • Permanent injunction set aside
  • Appellants' right to develop the plot recognized, subject to permissions from relevant authorities