20180227 TZHC Mwanza

Plaintiffs who were parties to the prior District Land and Housing Tribunal proceedings are barred by res judicata from bringing this suit; the remaining plaintiffs lack standing and the High Court lacks pecuniary and subject matter jurisdiction. No sufficient evidence was adduced to prove unlawful demolition or entitlement to compensation.

Citation: 20180227 TZHC Mwanza
Parties: Plaintiffs: John Geji and 17 Others; Defendant: Anthony M. Masanga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 February 2018
Procedural Posture: Land Case / Judgment at First Instance (high Court, Original Jurisdiction)
Outcome: Suit dismissed with no order as to costs.
Legal Topics: Res Judicata, Jurisdiction, Burden of Proof, Compensation for Demolition, Land Ownership
Source Language: English

Land Law Civil Procedure Res Judicata Jurisdiction Burden of Proof Compensation for Demolition Land Ownership

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

John Geji and 17 Others

Plaintiffs

Anthony M. Masanga

Defendant

Procedural Posture

Land Case / Judgment at First Instance (high Court, Original Jurisdiction)

Legal Issues

1 Whether the demolishing of the plaintiffs' suit premises was lawful
2 Whether compensation is justified for the plaintiffs
3 Whether the plaintiffs are barred by res judicata or lack of jurisdiction

Ratio Decidendi

Court Disposition

Suit dismissed with no order as to costs.

Orders

Suit dismissed for lack of merit and jurisdiction.
No order as to costs.