20050414 TZHC Dar es Salaam

20050414 TZHC Dar es Salaam

The respondent was the lawful owner of the plot as his right of occupancy was not lawfully revoked before the purported grant to the 2nd appellant. The appellants' entry onto the land constituted trespass. Special damages were not fully proved, so the award was reduced by half.

Citation
20050414 TZHC Dar es Salaam
Parties
Appellant: Lawrence Cheyo; Appellant: Nundwile Cheyo; Respondent: Simon Peter Mroso
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 April 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with variation to special damages and costs awarded to the respondent.
Legal Topics
Double Allocation of Land, Trespass, Special Damages, Land Ownership, Revocation of Land Rights
Source Language
English
Land Law Civil Procedure Double Allocation of Land Trespass Special Damages Land Ownership Revocation of Land Rights

Case Brief

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Parties

Lawrence Cheyo

Appellant

Nundwile Cheyo

Appellant

Simon Peter Mroso

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent was the lawful owner of Plot No. 926 Block H, Mbezi Beach
  2. 2 Whether the appellants trespassed on the respondent's land
  3. 3 Whether special damages were properly awarded

Ratio Decidendi

The respondent was the lawful owner of the plot as his right of occupancy was not lawfully revoked before the purported grant to the 2nd appellant. The appellants' entry onto the land constituted trespass. Special damages were not fully proved, so the award was reduced by half.

Court Disposition

Appeal dismissed with variation to special damages and costs awarded to the respondent.

Orders

  • Appeal dismissed
  • Special damages reduced to TZS 250,000