20171103 TZHC Dar es Salaam

20171103 TZHC Dar es Salaam

Plaintiff failed to prove the alleged encroachment or define the area in dispute. Survey and detail survey evidence established the 1st defendant's boundaries and showed plaintiff encroached into prison land. The legal burden of proof was not discharged by the plaintiff. The suit is dismissed with costs and plaintiff ordered to remove structures from the encroached area.

Citation
20171103 TZHC Dar es Salaam
Parties
Plaintiff: Bilali Shabani Magohe; 1st Defendant: Principal Prison Staff College Ukonga; 2nd Defendant: Commissioner for Lands, Ministry of Lands Housing and Human Settlements Development; 3rd Defendant: The Attorney General, Ministry of Justice and Constitutional Affairs
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 November 2017
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs.
Legal Topics
Boundary Disputes, Encroachment, Land Ownership, Survey Evidence
Source Language
English
Land Law Civil Procedure Boundary Disputes Encroachment Land Ownership Survey Evidence

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Parties

Bilali Shabani Magohe

Plaintiff

Principal Prison Staff College Ukonga

1st Defendant

Commissioner for Lands, Ministry of Lands Housing and Human Settlements Development

2nd Defendant

The Attorney General, Ministry of Justice and Constitutional Affairs

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Who is the lawful owner of the land in dispute?
  2. 2 What reliefs are the parties entitled to?

Ratio Decidendi

Plaintiff failed to prove the alleged encroachment or define the area in dispute. Survey and detail survey evidence established the 1st defendant's boundaries and showed plaintiff encroached into prison land. The legal burden of proof was not discharged by the plaintiff. The suit is dismissed with costs and plaintiff ordered to remove structures from the encroached area.

Court Disposition

Suit dismissed with costs.

Orders

  • Plaintiff to remove structures extended into 1st defendant's land within thirty days and vacate the encroached areas as defined in exhibit D1 (7.19m & 12.71m South East, 8.13m North East).