20001027 TZHC Dar es Salaam

20001027 TZHC Dar es Salaam

The defendants committed trespass by encroaching and settling on the plaintiff's farm, ignoring protests and official orders. The plaintiff is entitled to general damages and interest, but further relief is not relevant due to government acquisition of the land.

Citation
20001027 TZHC Dar es Salaam
Parties
Plaintiff: Dungu Farm and Dairy Limited; 1st Respondent: Mission With Christ; 2nd Respondent: Rev. Joseph Paul Choi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2000
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Trespass, Damages, Land Acquisition
Source Language
English
Property Law Tort Law Trespass Damages Land Acquisition

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Parties

Dungu Farm and Dairy Limited

Plaintiff

Mission With Christ

1st Respondent

Rev. Joseph Paul Choi

2nd Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants committed trespass on the plaintiff's farm
  2. 2 Entitlement to damages for trespass
  3. 3 Effect of government acquisition of the land

Ratio Decidendi

The defendants committed trespass by encroaching and settling on the plaintiff's farm, ignoring protests and official orders. The plaintiff is entitled to general damages and interest, but further relief is not relevant due to government acquisition of the land.

Court Disposition

judgment for plaintiff

Orders

  • General damages of TSh 8,300,000 for trespass
  • Interest at 20% from date of filing to date of judgment