daglas masoy vs shukuru kilonzo another 2018 tzhclandd 102 18 may 2018

daglas masoy vs shukuru kilonzo another 2018 tzhclandd 102 18 may 2018

The appellant had a superior title to the disputed land, having been allocated and occupied it earlier than the respondents; the District Land and Housing Tribunal erred in dismissing the appeal and ordering compensation by a non-party.

Citation
daglas masoy vs shukuru kilonzo another 2018 tzhclandd 102 18 may 2018
Parties
Appellant: Daglas Masoy; Respondent: Shukuru Kilonzo; Respondent: Maiko Kilonzo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 May 2018
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Allocation of Land, Title to Land, Compensation, Adversarial Procedure
Source Language
English

Case Brief

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Parties

Daglas Masoy

Appellant

Shukuru Kilonzo

Respondent

Maiko Kilonzo

Respondent

Procedural Posture

Land Appeal / Judgment

  1. 1 Whether the appellant had superior title to the disputed land
  2. 2 Whether the District Land and Housing Tribunal erred in dismissing the appeal
  3. 3 Whether compensation by the Village Council was proper when it was not a party

Ratio Decidendi

The appellant had a superior title to the disputed land, having been allocated and occupied it earlier than the respondents; the District Land and Housing Tribunal erred in dismissing the appeal and ordering compensation by a non-party.

Court Disposition

appeal allowed

Orders

  • Judgment and decree of the District Land and Housing Tribunal set aside
  • Appellant awarded costs