19851007 TZCA Dar es Salaam

Maria was not entitled to compensation for improvements as she knew the property belonged to Ndele, but she is permitted to remove materials she added at her own expense within a specified period.

Citation: 19851007 TZCA Dar es Salaam
Parties: Appellant: Maria d/o Sheyo; Respondent: Ndele s/o Mlozi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 7 October 1985
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Compensation for Improvements, Ownership of Land, Removal of Fixtures
Source Language: English

Property Law Compensation for Improvements Ownership of Land Removal of Fixtures

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Parties

Maria d/o Sheyo

Appellant

Ndele s/o Mlozi

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Whether the appellant (Maria) is entitled to compensation for improvements made to land belonging to the respondent (Ndele)

Ratio Decidendi

Maria was not entitled to compensation for improvements as she knew the property belonged to Ndele, but she is permitted to remove materials she added at her own expense within a specified period.

Court Disposition

appeal dismissed

Orders

Maria is at liberty, at her own expense, to remove the corrugated iron sheets and other materials she expended on the hut or land.
Maria's right to remove such material expires on 31st December, 1985 or two months from the date she is informed of the order, whichever is later.