anthony mseke others vs the chief executive national environment management council of tanzania another 2018 tzhclandd 567 28 february 2018

anthony mseke others vs the chief executive national environment management council of tanzania another 2018 tzhclandd 567 28 february 2018

Plaintiffs failed to prove lawful ownership; disputed land is within a mangrove reserved area declared by Government Notice No. 294 of 1941; defendants had legal mandate to demolish; plaintiffs were issued notice; suit dismissed.

Citation
anthony mseke others vs the chief executive national environment management council of tanzania another 2018 tzhclandd 567 28 february 2018
Parties
Plaintiffs: Anthony Mseke & 15 Others; 1st Defendant: Chief Executive National Environment and Management Council of Tanzania; 2nd Defendant: Managing Director Majembe Auction Mart Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 February 2018
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs.
Legal Topics
Customary Land Tenure, Mangrove Reserve, Demolition of Property, Notice Requirements, Government Mandate
Source Language
English
Land Law Environmental Law Customary Land Tenure Mangrove Reserve Demolition of Property Notice Requirements Government Mandate

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Parties

Anthony Mseke & 15 Others

Plaintiffs

Chief Executive National Environment and Management Council of Tanzania

1st Defendant

Managing Director Majembe Auction Mart Limited

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether plaintiffs are lawful owners of the disputed land
  2. 2 Whether the land occupied by plaintiffs had ever been declared a mangrove reserved area
  3. 3 Whether defendants had a legal mandate to demolish the houses and evict plaintiffs

Ratio Decidendi

Plaintiffs failed to prove lawful ownership; disputed land is within a mangrove reserved area declared by Government Notice No. 294 of 1941; defendants had legal mandate to demolish; plaintiffs were issued notice; suit dismissed.

Court Disposition

Suit dismissed with costs.

Orders

  • Suit dismissed in its entirety with costs.