19711012 TZHC Mwanza2

The assessment conducted by the district magistrate, in the presence of both parties and based on actual count, is fair and should stand as neither party raised valid objections at the hearing.

Citation: 19711012 TZHC Mwanza2
Parties: Appellant: FELICIAN FERDINAND; Respondent: EMANIJEL BALILEA
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 October 1971
Procedural Posture: Civil Appeal / Supplementary Judgment After Remand for Assessment
Outcome: appeal dismissed
Legal Topics: Compensation for Improvements, Assessment of Crops, Appeal Procedure
Source Language: English

Civil Law Land Law Compensation for Improvements Assessment of Crops Appeal Procedure

Case Brief

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Parties

FELICIAN FERDINAND

Appellant

EMANIJEL BALILEA

Respondent

Procedural Posture

Civil Appeal / Supplementary Judgment After Remand for Assessment

Legal Issues

1 Whether the assessment of compensation for improvements (crops) on disputed land was proper
2 Whether the respondent is entitled to compensation for all crops assessed

Ratio Decidendi

The assessment conducted by the district magistrate, in the presence of both parties and based on actual count, is fair and should stand as neither party raised valid objections at the hearing.

Court Disposition

appeal dismissed

Orders

Compensation to respondent fixed at shs.998/-
Appellant to pay costs