20121029 TZHC Dodoma

20121029 TZHC Dodoma

The respondent was justified in relying on the appellant's official who showed him plot no.16, and the error was attributable to the appellant. However, since no demolition occurred, the respondent is to maintain his development on plot no.16, and the relevant change of name should be effected. Compensation is not warranted under these circumstances.

Citation
20121029 TZHC Dodoma
Parties
Appellant: Capital Development Authority (CDA); Respondent: Lazaro Christopher Osujaki; 2nd Respondent: Alexander Linje (represented by Stephen Alexander Linje)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2012
Procedural Posture
Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed with costs
Legal Topics
Allocation of Plots, Compensation for Improvements, Procedural Fairness, Minors and Contractual Capacity
Source Language
English
Land Law Allocation of Plots Compensation for Improvements Procedural Fairness Minors and Contractual Capacity

Case Brief

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Parties

Capital Development Authority (CDA)

Appellant

Lazaro Christopher Osujaki

Respondent

Alexander Linje (represented by Stephen Alexander Linje)

2nd Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the respondent was right to develop plot no.16 believing it to be plot no.15
  2. 2 Whether the development justifies compensation
  3. 3 Entitlement to reliefs

Ratio Decidendi

The respondent was justified in relying on the appellant's official who showed him plot no.16, and the error was attributable to the appellant. However, since no demolition occurred, the respondent is to maintain his development on plot no.16, and the relevant change of name should be effected. Compensation is not warranted under these circumstances.

Court Disposition

Appeal allowed with costs

Orders

  • Respondent to maintain development on plot no.16
  • Relevant change of name to be effected to respondent for plot no.16