20160725 TZHC Dar es Salaam
The respondent failed to prove customary tenure or entitlement to compensation and general damages; the trial tribunal erred in awarding these amounts without supporting evidence or valuation; the tribunal's decision is quashed and set aside.
- Citation
- 20160725 TZHC Dar es Salaam
- Parties
- Appellant: Capital Development Authority; Respondent: Yesa ya Petro Mbogo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 July 2016
- Procedural Posture
- Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
- Outcome
- Appeal allowed with costs.
- Legal Topics
- Customary Tenure, Compensation for Land Acquisition, Judicial Notice, General Damages, Proof of Ownership
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Capital Development Authority
Appellant
Yesa ya Petro Mbogo
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Legal Issues
- 1 Whether the respondent proved customary tenure over the disputed land
- 2 Whether the trial tribunal erred in awarding compensation and general damages without sufficient evidence
- 3 Whether the tribunal should have taken judicial notice of the master plan
Ratio Decidendi
The respondent failed to prove customary tenure or entitlement to compensation and general damages; the trial tribunal erred in awarding these amounts without supporting evidence or valuation; the tribunal's decision is quashed and set aside.
Court Disposition
Appeal allowed with costs.
Orders
- Decision of the District Land and Housing Tribunal is quashed and set aside.
- All orders of the trial tribunal are set aside.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment