charles kalukula another vs humphrey robert 2014 tzhc 2346 17 june 2014

charles kalukula another vs humphrey robert 2014 tzhc 2346 17 june 2014

Compensation must be paid to holders of deemed rights of occupancy before their rights are extinguished and land is validly allocated to another; failure to compensate means title does not validly pass. However, compensation for improvements made after the survey without justification is not due.

Citation
charles kalukula another vs humphrey robert 2014 tzhc 2346 17 june 2014
Parties
Appellant: Charles Kalukula; Appellant: Joseph Kalukula; Respondent: Humphrey Robert
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 June 2014
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Compensation for Compulsory Acquisition, Deemed Right of Occupancy, Allocation of Land, Trespass, Planning Area Declaration
Source Language
English
Land Law Compensation for Compulsory Acquisition Deemed Right of Occupancy Allocation of Land Trespass Planning Area Declaration

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Parties

Charles Kalukula

Appellant

Joseph Kalukula

Appellant

Humphrey Robert

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether nonpayment of compensation extinguishes a deemed right of occupancy upon land being declared a planning area
  2. 2 Whether allocation of land to the respondent was valid without prior compensation to the appellants
  3. 3 Whether appellants are entitled to compensation for unexhausted improvements made after survey

Ratio Decidendi

Compensation must be paid to holders of deemed rights of occupancy before their rights are extinguished and land is validly allocated to another; failure to compensate means title does not validly pass. However, compensation for improvements made after the survey without justification is not due.

Court Disposition

appeal allowed in part

Orders

  • Appellants to be paid viable and adequate compensation for the land and unexhausted improvements, if any, at market value as at the date the land was declared a planning area, as valued by a government valuer.
  • No compensation for improvements made after the survey.