edward temba vs goodluck shayo 2013 tzhc 2065 16 december 2013
The respondent was not the owner of the road reserve area and thus lacked standing to claim mesne profits or seek demolition; only TANROADS had authority to enforce removal of structures from road reserves.
- Citation
- edward temba vs goodluck shayo 2013 tzhc 2065 16 december 2013
- Parties
- Appellant: Edward Temba; Respondent: Goodluck Shayo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 December 2013
- Procedural Posture
- Land Case Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Mesne Profits, Road Reserve, Right of Way, Demolition Order
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Parties
Edward Temba
Appellant
Goodluck Shayo
Respondent
Procedural Posture
Land Case Appeal / Judgment
Legal Issues
- 1 Whether the appellant's structure was built within the road reserve area
- 2 Whether the respondent was entitled to mesne profits and demolition order
- 3 Whether the Tribunal erred in awarding damages without proof
Ratio Decidendi
The respondent was not the owner of the road reserve area and thus lacked standing to claim mesne profits or seek demolition; only TANROADS had authority to enforce removal of structures from road reserves.
Court Disposition
appeal allowed
Orders
- Tribunal's decision quashed and set aside
- Costs awarded to appellant
Full Case Text
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