francis magesa msami others vs jaffer idd msangi 2021 tzhclandd 6994 23 december 2021
Plaintiffs provided stronger evidence of ownership and possession, supported by sale agreements, survey documents, and witness testimony. Defendant's evidence was insufficient to establish exclusive ownership over disputed parcels. Plaintiffs proved trespass and interference by defendant. Court declared plaintiffs as lawful owners and ordered defendant to vacate and pay compensation.
- Citation
- francis magesa msami others vs jaffer idd msangi 2021 tzhclandd 6994 23 december 2021
- Parties
- Plaintiff: Francis Magesa Masami; Plaintiff: Hassan Athuman Mtila; Plaintiff: Ben L. Mwaijande; Plaintiff: The Registered Trustees of the Congregation of the Holy Ghost; Plaintiff: Baki Crusher Stone and Construction Co. Ltd.; Plaintiff: Mariam Feisal; Plaintiff: Fredrick Karia; Plaintiff: Leonard Mpanju; Plaintiff: Innocent Mjema; Plaintiff: Kafui Sengoka; Plaintiff: Marius Mpanju; Plaintiff: Ranger Kanani; Plaintiff: Charles Irege; Plaintiff: Gerald Z.P. Tinali; Plaintiff: Jane M. Ngandaku; Plaintiff: Masudi Salum; Plaintiff: Seushi Juma Mburi; Plaintiff: Dotto Maduhu Nkonya; Plaintiff: Hossen Mohammed; Plaintiff: Rashid A. Ligona; Plaintiff: Rehema Bwashee; Plaintiff: Hatibu Mrisho; Plaintiff: Mwanaidi Omari; Plaintiff: Rashid Mohamed; Plaintiff: Lumumba Athuman Lumumba; Plaintiff: Rehema Salum Ubamande; Plaintiff: Zaharani Mshindo Juma; Defendant: Jaffer Idd Msangi
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 23 December 2021
- Procedural Posture
- Land Case / Final Judgment
- Outcome
- judgment for plaintiffs
- Legal Topics
- Ownership, Trespass, Survey, Compensation, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Francis Magesa Masami
Plaintiff
Hassan Athuman Mtila
Plaintiff
Ben L. Mwaijande
Plaintiff
The Registered Trustees of the Congregation of the Holy Ghost
Plaintiff
Baki Crusher Stone and Construction Co. Ltd.
Plaintiff
Mariam Feisal
Plaintiff
Fredrick Karia
Plaintiff
Leonard Mpanju
Plaintiff
Innocent Mjema
Plaintiff
Kafui Sengoka
Plaintiff
Marius Mpanju
Plaintiff
Ranger Kanani
Plaintiff
Charles Irege
Plaintiff
Gerald Z.P. Tinali
Plaintiff
Jane M. Ngandaku
Plaintiff
Masudi Salum
Plaintiff
Seushi Juma Mburi
Plaintiff
Dotto Maduhu Nkonya
Plaintiff
Hossen Mohammed
Plaintiff
Rashid A. Ligona
Plaintiff
Rehema Bwashee
Plaintiff
Hatibu Mrisho
Plaintiff
Mwanaidi Omari
Plaintiff
Rashid Mohamed
Plaintiff
Lumumba Athuman Lumumba
Plaintiff
Rehema Salum Ubamande
Plaintiff
Zaharani Mshindo Juma
Plaintiff
Jaffer Idd Msangi
Defendant
Procedural Posture
Land Case / Final Judgment
Legal Issues
- 1 Who is the lawful owner of the disputed land?
- 2 Whether the defendant trespassed into the disputed land?
- 3 Whether part of the disputed land is surveyed?
Ratio Decidendi
Plaintiffs provided stronger evidence of ownership and possession, supported by sale agreements, survey documents, and witness testimony. Defendant's evidence was insufficient to establish exclusive ownership over disputed parcels. Plaintiffs proved trespass and interference by defendant. Court declared plaintiffs as lawful owners and ordered defendant to vacate and pay compensation.
Court Disposition
judgment for plaintiffs
Orders
- Defendant to vacate plaintiffs' land.
- Permanent injunction against defendant and agents from interfering with plaintiffs' ownership.
Full Case Text
Judgment text and source record
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