james makundi vs permanent secretary ministry of lands housing human settlements development others 2022 tzca 242 28 april 2022

james makundi vs permanent secretary ministry of lands housing human settlements development others 2022 tzca 242 28 april 2022

The suit land was lawfully acquired by the President for public purpose (port expansion) in accordance with the Land Acquisition Act. The appellant ceased to be owner after acquisition and re-survey, and the third respondent's title is valid in the absence of proven fraud. The valuation was properly conducted and approved by the Chief Government Valuer, and the appellant's claim for higher compensation was unsupported. The trial court's decision was correct and the appeal lacks merit.

Citation
james makundi vs permanent secretary ministry of lands housing human settlements development others 2022 tzca 242 28 april 2022
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 2022
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
Land Law Administrative Law Compulsory Acquisition Compensation for Land Title to Land Valuation of Land Public Purpose Acquisition

Case Brief

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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. 1 Whether the suit land was legally acquired by the President for public purpose under the Land Acquisition Act
  2. 2 Whether the trial court properly evaluated the appellant's evidence and whether the determination that the third respondent was the lawful owner was justified
  3. 3 Whether the valuation of the suit land was conducted according to law

Ratio Decidendi

The suit land was lawfully acquired by the President for public purpose (port expansion) in accordance with the Land Acquisition Act. The appellant ceased to be owner after acquisition and re-survey, and the third respondent's title is valid in the absence of proven fraud. The valuation was properly conducted and approved by the Chief Government Valuer, and the appellant's claim for higher compensation was unsupported. The trial court's decision was correct and the appeal lacks merit.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.