20150625 TZHC Iringa

20150625 TZHC Iringa

Although the respondent abandoned the land for over nine years, the village council failed to comply with mandatory statutory procedures for declaring abandonment and re-allocation, rendering the re-allocation to the appellant null and void. The appellate tribunal's decision is upheld.

Citation
20150625 TZHC Iringa
Parties
Appellant: Jidai Kini; Respondent: Said Malenda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 June 2015
Procedural Posture
Land Appeal / Judgment on Second Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Customary Right of Occupancy, Abandonment of Land, Re Allocation Procedures, Locus Standi, Natural Justice
Source Language
English
Land Law Customary Right of Occupancy Abandonment of Land Re Allocation Procedures Locus Standi Natural Justice

Case Brief

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Parties

Jidai Kini

Appellant

Said Malenda

Respondent

Procedural Posture

Land Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the respondent had locus standi to sue for the entire disputed land
  2. 2 Whether the respondent had abandoned the suit land and lost legal title
  3. 3 Whether the village council complied with legal procedures in declaring abandonment and re-allocating the land

Ratio Decidendi

Although the respondent abandoned the land for over nine years, the village council failed to comply with mandatory statutory procedures for declaring abandonment and re-allocation, rendering the re-allocation to the appellant null and void. The appellate tribunal's decision is upheld.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent