john p massawe vs abdullatif mohamed hood and others 2021 tzhclandd 6770 16 february 2021

john p massawe vs abdullatif mohamed hood and others 2021 tzhclandd 6770 16 february 2021

The transfer of a portion of the plaintiff's land to the defendants by the 3rd defendant was illegal, as compulsory acquisition powers were not vested in the municipal council and no statutory procedure was followed. The plaintiff is the lawful owner of the whole land as per the old survey.

Citation
john p massawe vs abdullatif mohamed hood and others 2021 tzhclandd 6770 16 february 2021
Parties
Plaintiff: John P. Massawe; 1st Defendant: Abdullatif Mohamed Hood; 2nd Defendant: Feisal Mohamed Hood; 3rd Defendant: Morogoro Municipal Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 February 2021
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's claim allowed
Legal Topics
Compulsory Acquisition, Land Ownership, Boundary Disputes, Trespass
Source Language
English
Land Law Property Law Compulsory Acquisition Land Ownership Boundary Disputes Trespass

Case Brief

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Parties

John P. Massawe

Plaintiff

Abdullatif Mohamed Hood

1st Defendant

Feisal Mohamed Hood

2nd Defendant

Morogoro Municipal Council

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether plots No. 93 and 94 are properly located in a registered survey plan
  2. 2 Whether the 3rd defendant is entitled to transfer part of the land owned by plaintiff to the defendants
  3. 3 Whether there was any trespass to plaintiff's land by the defendants

Ratio Decidendi

The transfer of a portion of the plaintiff's land to the defendants by the 3rd defendant was illegal, as compulsory acquisition powers were not vested in the municipal council and no statutory procedure was followed. The plaintiff is the lawful owner of the whole land as per the old survey.

Court Disposition

Plaintiff's claim allowed

Orders

  • Plaintiff declared lawful owner of Plot No. 94, Block B, Boma Road, Morogoro Municipality (500 sqm)
  • Transfer of portion of plaintiff's land to defendants declared illegal and null void