halfani saidi vs ally chonde 1992 tzhc 63 1 december 1992

halfani saidi vs ally chonde 1992 tzhc 63 1 december 1992

Leave to appeal is granted as there is a point of law whether uninterrupted occupation and development of land with village authority entitles the occupier to compensation upon eviction by an inheritor.

Source-derived case information.

Citation
halfani saidi vs ally chonde 1992 tzhc 63 1 december 1992
Parties
Applicant: Halfani Saidi; Respondent: Ally Chonde
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 1992
Procedural Posture
PC Civil Appeal / Application for Leave to Appeal to Court of Appeal
Outcome
leave to appeal granted
Legal Topics
Land Ownership, Inheritance, Compensation for Improvements
Source Language
english
Property Law Civil Procedure Land Ownership Inheritance Compensation for Improvements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Halfani Saidi

Applicant

Ally Chonde

Respondent

Procedural Posture

PC Civil Appeal / Application for Leave to Appeal to Court of Appeal

  1. 1 Whether a person occupying land with village leadership authority for 13 years should be ordered to vacate without compensation when the land is established to belong to the late father of the respondent

Ratio Decidendi

Leave to appeal is granted as there is a point of law whether uninterrupted occupation and development of land with village authority entitles the occupier to compensation upon eviction by an inheritor.

Court Disposition

leave to appeal granted

Orders

  • certificate issued for consideration by Court of Appeal