hassan mkamila and 29 others vs kessy mkambara and 8 others 2021 tzhc 5849 31 august 2021

hassan mkamila and 29 others vs kessy mkambara and 8 others 2021 tzhc 5849 31 august 2021

Plaintiffs were evicted illegally from land they had occupied and cultivated for years; defendants' actions lacked legal basis, no eviction order obtained, and compensation was not provided; failure to describe land in plaint did not prejudice defendants as both parties were aware of the subject matter; special damages not proved, but general damages awarded for hardship.

Citation
hassan mkamila and 29 others vs kessy mkambara and 8 others 2021 tzhc 5849 31 august 2021
Parties
Plaintiff: Hassan Mkamila & 29 Others; 1st Defendant: Kessy M Kambara; 2nd Defendant: Kilosa District Council; 3rd Defendant: Rashidi Mateleka; 4th Defendant: Kidogobasi Village Council; 5th Defendant: Selemani Katambala; 6th Defendant: Salehe Katambala; 7th Defendant: Mohamed Mholele; 8th Defendant: Nassoro Maumba; 9th Defendant: Nungamo Hassani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2021
Procedural Posture
Land Case / Judgment
Outcome
Plaintiffs' claim for vacant possession and general damages granted; special damages dismissed.
Legal Topics
Eviction, Village Land, Compensation, General Damages, Pleadings, Ownership
Source Language
English
Land Law Civil Procedure Eviction Village Land Compensation General Damages Pleadings Ownership

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Hassan Mkamila & 29 Others

Plaintiff

Kessy M Kambara

1st Defendant

Kilosa District Council

2nd Defendant

Rashidi Mateleka

3rd Defendant

Kidogobasi Village Council

4th Defendant

Selemani Katambala

5th Defendant

Salehe Katambala

6th Defendant

Mohamed Mholele

7th Defendant

Nassoro Maumba

8th Defendant

Nungamo Hassani

9th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether plaintiffs have rights over disputed farms at Kidogobasi Village
  2. 2 Whether defendants uprooted plaintiffs' sugarcane stems
  3. 3 Whether plaintiffs still own their respective farms acquired from Kidogobasi Village authority under Bega kwa Bega scheme

Ratio Decidendi

Plaintiffs were evicted illegally from land they had occupied and cultivated for years; defendants' actions lacked legal basis, no eviction order obtained, and compensation was not provided; failure to describe land in plaint did not prejudice defendants as both parties were aware of the subject matter; special damages not proved, but general damages awarded for hardship.

Court Disposition

Plaintiffs' claim for vacant possession and general damages granted; special damages dismissed.

Orders

  • Plaintiffs to return to land (80 acres) at Kidogobasi village with immediate effect.
  • 3rd, 5th, 6th, 7th, 8th, and 9th defendants to vacate land immediately.