idd hassan rusovu vs omary mwailwa chubwa and 3 others 2021 tzhc 6594 20 october 2021

idd hassan rusovu vs omary mwailwa chubwa and 3 others 2021 tzhc 6594 20 october 2021

The plaintiff has a better title to the suit plot as he acquired it from Abdallah Mussa Abdallah, who was lawfully allocated the land after the 1996 survey. The 1st and 2nd defendants' claims based on customary rights are extinguished by the urban planning and survey process, and their actions in selling and building on the land were unlawful. The 1st and 2nd defendants are trespassers and must give vacant possession to the plaintiff.

Citation
idd hassan rusovu vs omary mwailwa chubwa and 3 others 2021 tzhc 6594 20 october 2021
Parties
Plaintiff: Idd s/o Hassan Rusovu; 1st Defendant: Omary s/o Mwailwa @ Chubwa; 2nd Defendant: Umande Mrisho Sudi (Administrator of the Estate of the late Mrisho s/o Sudi Wimbilwa); 3rd Defendant: Kigoma Ujiji Municipal Council; 4th Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2021
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's suit allowed; plaintiff declared lawful owner; 1st and 2nd defendants declared trespassers; orders issued for vacant possession, demolition of structure, transfer of title, general damages, and costs.
Legal Topics
Title to Land, Trespass, Urban Planning, Customary Land Rights, Transfer of Title
Source Language
English
Land Law Title to Land Trespass Urban Planning Customary Land Rights Transfer of Title

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Parties

Idd s/o Hassan Rusovu

Plaintiff

Omary s/o Mwailwa @ Chubwa

1st Defendant

Umande Mrisho Sudi (Administrator of the Estate of the late Mrisho s/o Sudi Wimbilwa)

2nd Defendant

Kigoma Ujiji Municipal Council

3rd Defendant

Attorney General

4th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Who between the plaintiff and the 1st defendant has the better title over the suit plot?
  2. 2 Whether plot numbers 76 MD and 76 LD at Kamala refer to the same suit plot or are two different plots?
  3. 3 To what reliefs are the parties entitled?

Ratio Decidendi

The plaintiff has a better title to the suit plot as he acquired it from Abdallah Mussa Abdallah, who was lawfully allocated the land after the 1996 survey. The 1st and 2nd defendants' claims based on customary rights are extinguished by the urban planning and survey process, and their actions in selling and building on the land were unlawful. The 1st and 2nd defendants are trespassers and must give vacant possession to the plaintiff.

Court Disposition

Plaintiff's suit allowed; plaintiff declared lawful owner; 1st and 2nd defendants declared trespassers; orders issued for vacant possession, demolition of structure, transfer of title, general damages, and costs.

Orders

  • Plaintiff declared lawful owner of Plot No. 76 MD Kamala (also referred to as Plot No. 1239 Block 'B').
  • 1st and 2nd defendants declared trespassers and ordered to give vacant possession forthwith.