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
Summary, issues, holding and outcome
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Parties
Daglas Masoy
Appellant
Shukuru Kilonzo
Respondent
Maiko Kilonzo
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the appellant had superior title to the disputed land
- 2 Whether the District Land and Housing Tribunal erred in dismissing the appeal
- 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
Full Case Text
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