19960807 TZHC Bukoba

19960807 TZHC Bukoba

The 1st respondent is entitled to compensation for the part of the wall to be demolished as it was constructed before the survey and allocation, in accordance with land allocation policy. The 2nd respondent had rectified his encroachment prior to trial, so no relief is due against him. The trial court's findings are upheld and the appeal is dismissed.

Citation
19960807 TZHC Bukoba
Parties
Appellant: Ernestina Jeremiah; Respondent: Maheleza Sango; Respondent: Maximillian Kashagiri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 August 1996
Procedural Posture
Civil Appeal / First Appeal From Resident Magistrate's Court Decision
Outcome
appeal dismissed
Legal Topics
Land Allocation, Compensation for Improvements, Encroachment, Survey Boundaries
Source Language
English
Land Law Civil Procedure Land Allocation Compensation for Improvements Encroachment Survey Boundaries

Case Brief

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Parties

Ernestina Jeremiah

Appellant

Maheleza Sango

Respondent

Maximillian Kashagiri

Respondent

Procedural Posture

Civil Appeal / First Appeal From Resident Magistrate's Court Decision

Legal Issues

  1. 1 Whether the trial court erred in ordering the appellant to compensate the 1st respondent for demolition of the encroaching wall
  2. 2 Whether the 2nd respondent had rectified his encroachment
  3. 3 Whether the trial magistrate's refusal to visit the site affected the correctness of the decision

Ratio Decidendi

The 1st respondent is entitled to compensation for the part of the wall to be demolished as it was constructed before the survey and allocation, in accordance with land allocation policy. The 2nd respondent had rectified his encroachment prior to trial, so no relief is due against him. The trial court's findings are upheld and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Judgment and orders of the trial court confirmed
  • No order as to costs