19940827 TZHC Dar es Salaam

19940827 TZHC Dar es Salaam

The respondent is entitled to an easement for access to his residential area, but the appellants may continue their business on the remaining area, with the width of the passage to be determined by a land surveyor approved by the City Council.

Citation
19940827 TZHC Dar es Salaam
Parties
Appellant: Joseph Lukas; Respondent: Yusufu Richard
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 August 1994
Procedural Posture
Civil Appeal / Second Appeal
Outcome
Appeal partly allowed
Legal Topics
Vacant Possession, Easement, Access Rights, Informal Sector Business, City Planning
Source Language
English
Property Law Land Law Vacant Possession Easement Access Rights Informal Sector Business City Planning

Case Brief

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Parties

Joseph Lukas

Appellant

Yusufu Richard

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellants are entitled to remain on the disputed land and continue their business
  2. 2 Whether the respondent is entitled to vacant possession and access to his residential area

Ratio Decidendi

The respondent is entitled to an easement for access to his residential area, but the appellants may continue their business on the remaining area, with the width of the passage to be determined by a land surveyor approved by the City Council.

Court Disposition

Appeal partly allowed

Orders

  • Width of the space required for the construction of the passage to provide access to the respondent's residential area to be determined by a land surveyor approved by the City Council
  • No order for costs