20201026 TZHC Dar es Salaam

20201026 TZHC Dar es Salaam

The allocation of the suit plot to the 3rd Defendant was illegal and void as the Plaintiff, a customary owner, was not involved in the acquisition process nor compensated, and only the President has the power to revoke granted rights of occupancy.

Citation
20201026 TZHC Dar es Salaam
Parties
1st Plaintiff: Edward Teri (As administrator of the estate of the late Willcharles Teri); 2nd Plaintiff: David Kombe; 1st Defendant: The Commissioner for Lands and Human Settlements; 2nd Defendant: The Attorney General; 3rd Defendant: Claude Roman Shikonyi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 October 2020
Procedural Posture
Consolidated Amended Civil Case / Judgment
Outcome
Suit granted in favour of Plaintiff. Declaration that the survey and allocation of the Plaintiff's farm was illegal, null and void. Plaintiff declared lawful owner of Plot No. 58 Block 'E' Tegeta, Dar es Salaam. Each party to bear its own costs.
Legal Topics
Customary Right of Occupancy, Granted Right of Occupancy, Land Acquisition, Compensation for Land, Revocation of Title Deed
Source Language
English
Land Law Civil Procedure Customary Right of Occupancy Granted Right of Occupancy Land Acquisition Compensation for Land Revocation of Title Deed

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Parties

Edward Teri (As administrator of the estate of the late Willcharles Teri)

1st Plaintiff

David Kombe

2nd Plaintiff

The Commissioner for Lands and Human Settlements

1st Defendant

The Attorney General

2nd Defendant

Claude Roman Shikonyi

3rd Defendant

Procedural Posture

Consolidated Amended Civil Case / Judgment

Legal Issues

  1. 1 Who is the lawful owner of Plot No. 58 Block 'E' Tegeta, Dar es Salaam as between the Plaintiff and the 3rd Defendant?
  2. 2 To what relief(s) are the parties entitled?

Ratio Decidendi

The allocation of the suit plot to the 3rd Defendant was illegal and void as the Plaintiff, a customary owner, was not involved in the acquisition process nor compensated, and only the President has the power to revoke granted rights of occupancy.

Court Disposition

Suit granted in favour of Plaintiff. Declaration that the survey and allocation of the Plaintiff's farm was illegal, null and void. Plaintiff declared lawful owner of Plot No. 58 Block 'E' Tegeta, Dar es Salaam. Each party to bear its own costs.

Orders

  • Declaration that the survey and allocation of the Plaintiff's farm was illegal, null and void.
  • Plaintiff declared lawful owner of Plot No. 58 Block 'E' Tegeta, Dar es Salaam.