leonard laurent vs tanzania revenue authority another 2018 tzhc 2661 20 july 2018

leonard laurent vs tanzania revenue authority another 2018 tzhc 2661 20 july 2018

The court found that the plaintiff established prior ownership of the suit land as part of the estate of the late Laurent Benedicto. The Tanzania Revenue Authority, having occupied the land and erected offices without compensating the plaintiff, was deemed to have trespassed. The plaintiff's claim was within time. The court ordered compensation to the plaintiff for the value of the land to be assessed by an authorized government valuer, but denied the claim for costs, ordering each party to bear its own costs.

Citation
leonard laurent vs tanzania revenue authority another 2018 tzhc 2661 20 july 2018
Parties
Plaintiff: Leonard Laurent; 1st Defendant: Tanzania Revenue Authority; 2nd Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 July 2018
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's claims granted in part
Legal Topics
Compensation for Compulsory Acquisition, Trespass to Land, Limitation of Actions, Estate Administration
Source Language
English
Land Law Civil Procedure Compensation for Compulsory Acquisition Trespass to Land Limitation of Actions Estate Administration

Case Brief

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Parties

Leonard Laurent

Plaintiff

Tanzania Revenue Authority

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the disputed plot of land belongs to the plaintiff
  2. 2 Whether the defendant trespassed upon the disputed plot of land
  3. 3 Whether the plaintiff's claims are within time

Ratio Decidendi

The court found that the plaintiff established prior ownership of the suit land as part of the estate of the late Laurent Benedicto. The Tanzania Revenue Authority, having occupied the land and erected offices without compensating the plaintiff, was deemed to have trespassed. The plaintiff's claim was within time. The court ordered compensation to the plaintiff for the value of the land to be assessed by an authorized government valuer, but denied the claim for costs, ordering each party to bear its own costs.

Court Disposition

Plaintiff's claims granted in part

Orders

  • Declaration that the disputed land is part of the estate of the late Laurent Benedicto
  • Defendant to compensate the plaintiff for the value of the land, amount to be assessed by an authorized government valuer