brooklyn media t ltd vs tanzania national roads agency tanroads dar es salaam and another 2021 tzhc 5348 29 june 2021

brooklyn media t ltd vs tanzania national roads agency tanroads dar es salaam and another 2021 tzhc 5348 29 june 2021

Plaintiff failed to prove that the billboard was installed within private plot and not encroaching road reserve; evidence showed encroachment and lack of valid permit from relevant authority, thus plaintiff's suit fails for want of proof.

Citation
brooklyn media t ltd vs tanzania national roads agency tanroads dar es salaam and another 2021 tzhc 5348 29 june 2021
Parties
Plaintiff: Brooklyn Media (T) Ltd; 1st Defendant: Tanzania National Roads Agency (TANROADS) Dar es Salaam; 2nd Defendant: The Honorable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2021
Procedural Posture
Civil Case / Judgment
Outcome
Plaintiff's suit dismissed for want of proof; no costs awarded.
Legal Topics
Billboard Regulation, Permit Validity, Road Reserve Encroachment, Discrimination in Regulation
Source Language
English
Administrative Law Civil Procedure Billboard Regulation Permit Validity Road Reserve Encroachment Discrimination in Regulation

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Parties

Brooklyn Media (T) Ltd

Plaintiff

Tanzania National Roads Agency (TANROADS) Dar es Salaam

1st Defendant

The Honorable Attorney General

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the disputed billboard is installed with a valid permit issued by relevant authority
  2. 2 Whether there are other billboards installed within hundred meters radius at the place where the disputed billboard is installed
  3. 3 Whether the disputed billboard was installed outside the radius of hundred meters as required by law

Ratio Decidendi

Plaintiff failed to prove that the billboard was installed within private plot and not encroaching road reserve; evidence showed encroachment and lack of valid permit from relevant authority, thus plaintiff's suit fails for want of proof.

Court Disposition

Plaintiff's suit dismissed for want of proof; no costs awarded.