NA TZHC Dar es Salaam 4 1

NA TZHC Dar es Salaam 4 1

Plaintiff failed to fulfill preconditions for specific performance of promise to allocate alternative premises. Plaintiff did not establish lawful occupancy of Msasani premises due to lack of valid permit. Introduction of criminal judgments at submission stage violated procedural rules. Claims for allocation of alternative premises and compensation do not stand.

Citation
NA TZHC Dar es Salaam 4 1
Parties
Plaintiff: Charles Humfrey Richard Semion t/a Simeon Building Materials Co.; 1st Defendant: Dar es Salaam City Commission; 2nd Defendant: Kinondoni Municipal Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 August 1999
Procedural Posture
Civil Case / Judgment
Outcome
Plaintiff's claims dismissed
Legal Topics
Specific Performance, Compensation for Loss, General Damages, Validity of Permits, Illegal Demolition, Allocation of Alternative Plot
Source Language
English
Civil Law Contract Law Property Law Tort Law Specific Performance Compensation for Loss General Damages Validity of Permits +2 more

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Parties

Charles Humfrey Richard Semion t/a Simeon Building Materials Co.

Plaintiff

Dar es Salaam City Commission

1st Defendant

Kinondoni Municipal Commission

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the demolitions carried out on 25th August 1998 and 23 August 1999 were illegal as alleged
  2. 2 Whether the plaintiff is entitled to compensation for loss suffered as a result of the demolition
  3. 3 Whether the plaintiff is entitled to allocation of another plot as an alternative to the Msasani plot

Ratio Decidendi

Plaintiff failed to fulfill preconditions for specific performance of promise to allocate alternative premises. Plaintiff did not establish lawful occupancy of Msasani premises due to lack of valid permit. Introduction of criminal judgments at submission stage violated procedural rules. Claims for allocation of alternative premises and compensation do not stand.

Court Disposition

Plaintiff's claims dismissed

Orders

  • No order for specific performance
  • No compensation awarded