CIVIL REVISION NO 1 OF 2023 ATTORNEY GENERAL VS TANZANIA ELECTRIC SUPPLY COMPANY LIMITED 14 OTHERS

Compensation awarded to claimants who did not testify was unlawful; only claimants who proved their claims are entitled to compensation. Execution process violated statutory requirements but reversal is not ordered due to advanced stage and hardship. Remaining complaints lack merit as High Court properly evaluated evidence and applied law.

Citation: CIVIL REVISION NO 1 OF 2023 ATTORNEY GENERAL VS TANZANIA ELECTRIC SUPPLY COMPANY LIMITED 14 OTHERS
Parties: Applicant: Attorney General; 1st Respondent: Tanzania Electric Supply Company Limited (TANESCO); 2nd Respondent: Mufungo Leonard Majura; 3rd Respondent: Elikila Fanuel Kweka; 4th Respondent: Halima Omary Kambwiri (as administratrix of the Estate of the late Omari Shaibu Kambwiri); 5th Respondent: Noya John Conrad; 6th Respondent: Salima Rajab Kizigo; 7th Respondent: Mrs. Abeneli Salatieri Mballa; 8th Respondent: Irene Baraza Salehe; 9th Respondent: Iren Baraza Salehe (as administratrix of the Estate of the late Galio Bango Kisesa); 10th Respondent: Antony Kabika Vigelo (as administrator of the Estate of the late Ally Mwalimu Shomvi); 11th Respondent: Omari Salum Ngalomba; 12th Respondent: Florentina Paul Ngimba (as administratrix of the Estate of the late Ngimba Mary Paul); 13th Respondent: Majoro Mussa Selemani Kingai; 14th Respondent: Omari Raj Abu Remmy; 15th Respondent: Ally Massegedo Juma Mgweno (as administrator of the Estate of the late Massegedo Juma Mgweno)
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2023
Procedural Posture: Civil Revision / Court of Appeal Ruling
Outcome: Applicant's complaint sustained in part; compensation to three claimants dismissed; remaining complaints dismissed.
Legal Topics: Compensation for Land Acquisition, Execution of Decrees Against Government, Valuation of Land, Functus Officio, Res Judicata, Burden of Proof
Source Language: English

Land Law Civil Procedure Government Proceedings Compensation for Land Acquisition Execution of Decrees Against Government Valuation of Land Functus Officio Res Judicata +1 more

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Parties

Attorney General

Applicant

Tanzania Electric Supply Company Limited (TANESCO)

1st Respondent

Mufungo Leonard Majura

2nd Respondent

Elikila Fanuel Kweka

3rd Respondent

Halima Omary Kambwiri (as administratrix of the Estate of the late Omari Shaibu Kambwiri)

4th Respondent

Noya John Conrad

5th Respondent

Salima Rajab Kizigo

6th Respondent

Mrs. Abeneli Salatieri Mballa

7th Respondent

Irene Baraza Salehe

8th Respondent

Iren Baraza Salehe (as administratrix of the Estate of the late Galio Bango Kisesa)

9th Respondent

Antony Kabika Vigelo (as administrator of the Estate of the late Ally Mwalimu Shomvi)

10th Respondent

Omari Salum Ngalomba

11th Respondent

Florentina Paul Ngimba (as administratrix of the Estate of the late Ngimba Mary Paul)

12th Respondent

Majoro Mussa Selemani Kingai

13th Respondent

Omari Raj Abu Remmy

14th Respondent

Ally Massegedo Juma Mgweno (as administrator of the Estate of the late Massegedo Juma Mgweno)

15th Respondent

Procedural Posture

Civil Revision / Court of Appeal Ruling

Legal Issues

1 Whether compensation awarded by High Court was lawful and adequate
2 Whether compensation to claimants who did not testify was proper
3 Whether execution process against government complied with statutory requirements

Ratio Decidendi

Court Disposition

Applicant's complaint sustained in part; compensation to three claimants dismissed; remaining complaints dismissed.

Orders

Claims of 4th, 12th, and 14th respondents dismissed for lack of proof.
Total compensation reduced to TZS 548,365,950.00.