john baptist medard milinga vs attorney general 3 others 2024 tzhclandd 53 20 february 2024

john baptist medard milinga vs attorney general 3 others 2024 tzhclandd 53 20 february 2024

The plaintiff was lawfully granted a Certificate of Title and is the lawful owner of the suit land; demolition by the defendants was unlawful as it did not comply with statutory procedures for acquisition and compensation; the plaintiff is entitled to restoration and costs.

Citation
john baptist medard milinga vs attorney general 3 others 2024 tzhclandd 53 20 february 2024
Parties
Plaintiff: John Baptist Medard Millinga; 1st Defendant: Attorney General; 2nd Defendant: Ministry of Works and Transportation; 3rd Defendant: Ministry of Land, Housing & Human Settlement Development; 4th Defendant: Tanzania National Roads Agency
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 February 2024
Procedural Posture
Land Case / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Right of Occupancy, Land Acquisition, Compensation, Road Reserve, Title Rectification
Source Language
English
Land Law Administrative Law Right of Occupancy Land Acquisition Compensation Road Reserve Title Rectification

Case Brief

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Parties

John Baptist Medard Millinga

Plaintiff

Attorney General

1st Defendant

Ministry of Works and Transportation

2nd Defendant

Ministry of Land, Housing & Human Settlement Development

3rd Defendant

Tanzania National Roads Agency

4th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the lawful owner of the suit land
  2. 2 Whether the demolition of the plaintiff's house by the defendants was lawful
  3. 3 What reliefs are parties entitled to

Ratio Decidendi

The plaintiff was lawfully granted a Certificate of Title and is the lawful owner of the suit land; demolition by the defendants was unlawful as it did not comply with statutory procedures for acquisition and compensation; the plaintiff is entitled to restoration and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that the plaintiff is the rightful owner of the suit land under Certificate of Title No. 51835.
  • Declaration that Certificate of Title No. 51835 was lawfully issued to the plaintiff.