20160930 TZHC Mwanza

20160930 TZHC Mwanza

The appellant was the lawful owner of the suit land, and the District authorities had already directed that she be compensated. The respondents failed to challenge the appeal or provide evidence of lawful acquisition. The appellant is entitled to compensation for the land and crops as previously assessed, with interest, and costs.

Citation
20160930 TZHC Mwanza
Parties
Appellant: Esther Ndutu; 1st Respondent: Chairman, Nzera Village Council; 2nd Respondent: Headmaster, Bugando Secondary School (Nzera); 3rd Respondent: Mwalimu Dawai; 4th Respondent: Mwalimu Mlingwa; 5th Respondent: Mwalimu Manyanda; 6th Respondent: Mwalimu Mtesigwa; 7th Respondent: Mwalimu Masanja
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2016
Procedural Posture
Land Appeal / Appeal From District Land and Housing Tribunal Decision
Outcome
Appeal allowed with costs. Decision of the District Land and Housing Tribunal quashed and set aside.
Legal Topics
Compulsory Acquisition, Compensation for Land, Right to Be Heard, Appeal Procedure
Source Language
English
Land Law Compulsory Acquisition Compensation for Land Right to Be Heard Appeal Procedure

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Parties

Esther Ndutu

Appellant

Chairman, Nzera Village Council

1st Respondent

Headmaster, Bugando Secondary School (Nzera)

2nd Respondent

Mwalimu Dawai

3rd Respondent

Mwalimu Mlingwa

4th Respondent

Mwalimu Manyanda

5th Respondent

Mwalimu Mtesigwa

6th Respondent

Mwalimu Masanja

7th Respondent

Procedural Posture

Land Appeal / Appeal From District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether the appellant was the lawful owner of the suit land
  2. 2 Whether the appellant was entitled to compensation for the acquired land and crops
  3. 3 Whether the appellant was accorded the right to be heard before the Tribunal

Ratio Decidendi

The appellant was the lawful owner of the suit land, and the District authorities had already directed that she be compensated. The respondents failed to challenge the appeal or provide evidence of lawful acquisition. The appellant is entitled to compensation for the land and crops as previously assessed, with interest, and costs.

Court Disposition

Appeal allowed with costs. Decision of the District Land and Housing Tribunal quashed and set aside.

Orders

  • 1st Respondent to pay the appellant Tshs. 571,120 as compensation for the acquired land and crops.
  • The compensation amount shall attract interest at 7% per annum from 9th August, 2001 until full payment.