EMMANUEL WILBERT LINGU

The plaintiff was a trespasser after lease expiry and not entitled to compensation; defendants were justified in opening the business room; members of the Ward Tribunal are not liable for mistaken exercise of jurisdiction.

Citation: EMMANUEL WILBERT LINGU
Parties: Plaintiff: Emmanuel Wilbert Lingu; 1st Defendant: Elina Elisha; 2nd Defendant: Sillas Ndaki; 3rd Defendant: Mang’ari Kolomba; 4th Defendant: Seifu Shabani; 5th Defendant: Simon Mpuya; 6th Defendant: Flora K. Nguo
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2019
Procedural Posture: Miscellaneous Land Application / Final Judgment
Outcome: Claim dismissed with costs
Legal Topics: Tenancy, Eviction, Jurisdiction, Compensation, Trespass
Source Language: English

Land Law Civil Procedure Tenancy Eviction Jurisdiction Compensation Trespass

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 13

Parties

Emmanuel Wilbert Lingu

Plaintiff

Elina Elisha

1st Defendant

Sillas Ndaki

2nd Defendant

Mang’ari Kolomba

3rd Defendant

Seifu Shabani

4th Defendant

Simon Mpuya

5th Defendant

Flora K. Nguo

6th Defendant

Procedural Posture

Miscellaneous Land Application / Final Judgment

Legal Issues

1 Whether the defendants were justified in breaking the room rented by the plaintiff
2 Whether the plaintiff suffered loss due to the defendants’ acts
3 The reliefs that the parties are entitled to

Ratio Decidendi

Court Disposition

Claim dismissed with costs

Orders

Plaintiff’s claim dismissed with costs
Plaintiff advised to collect listed properties from Ward Tribunal within one month