19900109 TZHC Dar es Salaam

19900109 TZHC Dar es Salaam

The plaintiff was lawfully allocated Plot No. 43 by the Dar es Salaam City Council, paid all required fees, and the defendant had no valid title or right to the land. The defendant's actions in entering the land and destroying the fence were unlawful. The plaintiff is entitled to possession, an injunction, special and general damages, and costs.

Citation
19900109 TZHC Dar es Salaam
Parties
Plaintiff: Arnold B. Kileno; Defendant: Peter Walcher
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 January 1990
Procedural Posture
Civil Case / Judgment After Ex Parte Hearing
Outcome
Judgment for the plaintiff
Legal Topics
Allocation of Land, Right of Occupancy, Injunctions, Special and General Damages, Procedural Default
Source Language
English
Land Law Civil Procedure Allocation of Land Right of Occupancy Injunctions Special and General Damages Procedural Default

Case Brief

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Parties

Arnold B. Kileno

Plaintiff

Peter Walcher

Defendant

Procedural Posture

Civil Case / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the plaintiff is the lawful owner of Plot No. 43 Bahari Beach
  2. 2 Whether the defendant is entitled to enter or claim ownership of Plot No. 43
  3. 3 Whether the plaintiff is entitled to special and general damages for destruction of property and delay

Ratio Decidendi

The plaintiff was lawfully allocated Plot No. 43 by the Dar es Salaam City Council, paid all required fees, and the defendant had no valid title or right to the land. The defendant's actions in entering the land and destroying the fence were unlawful. The plaintiff is entitled to possession, an injunction, special and general damages, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that the defendant is not entitled to enter Plot No. 43 Bahari Beach, Dar es Salaam
  • Permanent injunction restraining the defendant, his servants or agents from entering Plot No. 43