christina msofee vs anna mpanda and another 2020 tzhclandd 78 9 april 2020

christina msofee vs anna mpanda and another 2020 tzhclandd 78 9 april 2020

Novel questions of law arise regarding the continued applicability of pre-existing legal principles on extinguishment of customary land ownership after the enactment of current land laws, justifying the grant of leave to appeal to the Court of Appeal.

Citation
christina msofee vs anna mpanda and another 2020 tzhclandd 78 9 april 2020
Parties
Applicant: Christina Msofee; 1st Respondent: Anna Mpanda; 2nd Respondent: Kinondoni Municipal Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 April 2020
Procedural Posture
Miscellaneous Land Application / Application for Leave to Appeal to Court of Appeal
Outcome
application granted
Legal Topics
Leave to Appeal, Customary Land Ownership, Extinguishment of Title, Applicability of Precedent
Source Language
English
Land Law Civil Procedure Leave to Appeal Customary Land Ownership Extinguishment of Title Applicability of Precedent

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Parties

Christina Msofee

Applicant

Anna Mpanda

1st Respondent

Kinondoni Municipal Council

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether leave should be granted to appeal to the Court of Appeal on the question of extinguishment of customary land ownership after declaration of planning area and allocation under current land laws
  2. 2 Whether principles in Methuselah Paul Nyagaswa v. Christopher Nyirabu (1985) TLR 103 and Mwalimu Omari and Another v. Omar Bilali (1999) TLR 432 remain applicable under current land laws

Ratio Decidendi

Novel questions of law arise regarding the continued applicability of pre-existing legal principles on extinguishment of customary land ownership after the enactment of current land laws, justifying the grant of leave to appeal to the Court of Appeal.

Court Disposition

application granted

Orders

  • Leave to appeal to the Court of Appeal against the judgment and decree in Land Appeal No. 169 of 2017 is granted with costs.