LAND CASE NO

LAND CASE NO

Failure to involve the plaintiff and other affected persons in the boundary recovery exercise constituted a fatal breach of natural justice and statutory requirements, rendering the survey and subsequent demolition notices invalid.

Citation
LAND CASE NO
Parties
Plaintiff: Honory Sigrid Samkyi; 1st Defendant: Ubungo Municipal Council; 2nd Defendant: The Attorney General; 3rd Defendant / Plaintiff to Counterclaim: Brenda Nkon'gwanzoka
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Land Case / Judgment
Outcome
Suit struck out with no order as to costs; dispute between 3rd defendant/plaintiff and 2nd defendant to counterclaim marked as amicably settled.
Legal Topics
Right of Occupancy, Boundary Recovery, Natural Justice, Trespass, Survey Procedures
Source Language
English
Land Law Administrative Law Right of Occupancy Boundary Recovery Natural Justice Trespass Survey Procedures

Case Brief

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Parties

Honory Sigrid Samkyi

Plaintiff

Ubungo Municipal Council

1st Defendant

The Attorney General

2nd Defendant

Brenda Nkon'gwanzoka

3rd Defendant / Plaintiff to Counterclaim

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Lawful ownership of disputed land
  2. 2 Legality of survey of Plots No. 2150-2152 Block 'E' Goba
  3. 3 Entitlement to compensation

Ratio Decidendi

Failure to involve the plaintiff and other affected persons in the boundary recovery exercise constituted a fatal breach of natural justice and statutory requirements, rendering the survey and subsequent demolition notices invalid.

Court Disposition

Suit struck out with no order as to costs; dispute between 3rd defendant/plaintiff and 2nd defendant to counterclaim marked as amicably settled.

Orders

  • 1st defendant to re-do boundaries recovery of Plot No. 2150-2152 Block 'E' Goba involving plaintiff and 3rd defendant using proper device (GPS or RTK or equivalent).
  • Land officer conducting recovery must be different from Madulesi Haroun.