daniel kangati vs serengeti district council 2021 tzhc 2205 5 january 2021

daniel kangati vs serengeti district council 2021 tzhc 2205 5 january 2021

Plaintiffs failed to specifically plead and strictly prove special damages as required by law. The evidence did not establish the quantum of compensation claimed, nor did it prove procedural irregularities in compensation. The suit, though filed within time, lacked merit and proof, warranting dismissal.

Citation
daniel kangati vs serengeti district council 2021 tzhc 2205 5 january 2021
Parties
Plaintiff: Daniel Kangati; Plaintiff: Elias Mang'era Boro; Plaintiff: Majani Pastory; Plaintiff: Johnson Matibu Chacha; Plaintiff: Buhuru Dickson Matorola; Plaintiff: Daud Magoiga Nyatutu; Plaintiff: Nyamwero M. Kachira; Plaintiff: Thomas Siong'o; Plaintiff: Mwenge Chacha; Plaintiff: Simion Nyatutu; Defendant: Serengeti District Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 January 2021
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Compulsory Acquisition, Compensation, Limitation of Actions, Burden of Proof, Special Damages
Source Language
English
Land Law Civil Procedure Compulsory Acquisition Compensation Limitation of Actions Burden of Proof Special Damages

Case Brief

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Parties

Daniel Kangati

Plaintiff

Elias Mang'era Boro

Plaintiff

Majani Pastory

Plaintiff

Johnson Matibu Chacha

Plaintiff

Buhuru Dickson Matorola

Plaintiff

Daud Magoiga Nyatutu

Plaintiff

Nyamwero M. Kachira

Plaintiff

Thomas Siong'o

Plaintiff

Mwenge Chacha

Plaintiff

Simion Nyatutu

Plaintiff

Serengeti District Council

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiffs have a cause of action against the defendant
  2. 2 Whether the plaintiffs' claims are time barred
  3. 3 Whether the plaintiffs were lawful owners of the suit land

Ratio Decidendi

Plaintiffs failed to specifically plead and strictly prove special damages as required by law. The evidence did not establish the quantum of compensation claimed, nor did it prove procedural irregularities in compensation. The suit, though filed within time, lacked merit and proof, warranting dismissal.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed for want of merit and proof
  • Plaintiffs to pay costs