jerry william silaa vs peter kiwango and others 2020 tzhc 1338 30 june 2020

jerry william silaa vs peter kiwango and others 2020 tzhc 1338 30 june 2020

The court held that the respondents were only awarded 60 acres out of the 120 acres in dispute, and the remaining land was not part of the dispute or awarded to any party. Therefore, the applicant's request to compel the respondents to vacate the remaining 60 acres is allowed.

Citation
jerry william silaa vs peter kiwango and others 2020 tzhc 1338 30 june 2020
Parties
Applicant: Jerry William Silaa; Respondent: Peter Kiwango; Respondent: Harold Makule; Respondent: Pius Nyambacha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Execution and Clarification
Outcome
Application allowed
Legal Topics
Execution of Judgment, Land Ownership, Trespass, Interpretation of Court Orders
Source Language
English
Land Law Civil Procedure Execution of Judgment Land Ownership Trespass Interpretation of Court Orders

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Parties

Jerry William Silaa

Applicant

Peter Kiwango

Respondent

Harold Makule

Respondent

Pius Nyambacha

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Execution and Clarification

Legal Issues

  1. 1 Whether the respondents are entitled to occupy the entire 120 acres or only the 60 acres awarded by the court
  2. 2 Whether the applicant is entitled to an order compelling the respondents to vacate the remaining 60 acres not in dispute

Ratio Decidendi

The court held that the respondents were only awarded 60 acres out of the 120 acres in dispute, and the remaining land was not part of the dispute or awarded to any party. Therefore, the applicant's request to compel the respondents to vacate the remaining 60 acres is allowed.

Court Disposition

Application allowed

Orders

  • Respondents are to vacate the remaining 60 acres not awarded to them.
  • No order as to costs.