james makundi vs permanent secretary ministry of lands housing human settlements development others 2021 tzca 3547 28 april 2021
The suit land was lawfully acquired by the President for public purpose (port expansion) under the Land Acquisition Act, the process of acquisition and allocation to the third respondent was valid, the appellant ceased to be owner upon acquisition, and the valuation for compensation was properly conducted and approved. The appellant failed to prove any illegality or fraud in the process.
- Citation
- james makundi vs permanent secretary ministry of lands housing human settlements development others 2021 tzca 3547 28 april 2021
- Parties
- Appellant: James Makundi; 1st Respondent: Permanent Secretary, Ministry of Lands, Housing and Human Settlements Development; 2nd Respondent: Attorney General; 3rd Respondent: Dunstan Novat Rutageruka
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 April 2021
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Compulsory Acquisition, Compensation for Land, Title to Land, Valuation of Land, Public Purpose Acquisition
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
James Makundi
Appellant
Permanent Secretary, Ministry of Lands, Housing and Human Settlements Development
1st Respondent
Attorney General
2nd Respondent
Dunstan Novat Rutageruka
3rd Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the suit land was legally acquired by the President for public purpose under the Land Acquisition Act
- 2 Whether the trial court properly evaluated the appellant's evidence and whether a determination that the third respondent was the lawful owner of the suit land was justified
- 3 Whether the valuation of the suit land was conducted according to the law
Ratio Decidendi
The suit land was lawfully acquired by the President for public purpose (port expansion) under the Land Acquisition Act, the process of acquisition and allocation to the third respondent was valid, the appellant ceased to be owner upon acquisition, and the valuation for compensation was properly conducted and approved. The appellant failed to prove any illegality or fraud in the process.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
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