martha john mushi vs ruth mjema and 2 others 2021 tzhclandd 796 2 november 2021

martha john mushi vs ruth mjema and 2 others 2021 tzhclandd 796 2 november 2021

The plaintiff established, on a balance of probabilities, that the deceased acquired and occupied the land under customary law from 1969, and the government and its grantees failed to prove better title or proper acquisition. Documentary proof was not required for customary rights in unplanned areas. The plaintiff is declared the rightful owner of the plot.

Citation
martha john mushi vs ruth mjema and 2 others 2021 tzhclandd 796 2 november 2021
Parties
Plaintiff: Martha John Mushi; First Defendant: Ruth Isack Mjema; Second Defendant: Commissioner for Lands; Third Defendant: Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 November 2021
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff declared rightful owner; suit succeeds in part.
Legal Topics
Customary Land Rights, Right of Occupancy, Proof of Ownership, Government Acquisition of Land, Compensation for Land Acquisition
Source Language
English
Land Law Customary Land Rights Right of Occupancy Proof of Ownership Government Acquisition of Land Compensation for Land Acquisition

Case Brief

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Parties

Martha John Mushi

Plaintiff

Ruth Isack Mjema

First Defendant

Commissioner for Lands

Second Defendant

Hon. Attorney General

Third Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Who is the rightful owner of Plot No. 263 Block E Tegeta, Dar Es Salaam?
  2. 2 Whether the plaintiff proved ownership by customary law and long occupation?
  3. 3 Whether the government or its grantees proved better title to the land?

Ratio Decidendi

The plaintiff established, on a balance of probabilities, that the deceased acquired and occupied the land under customary law from 1969, and the government and its grantees failed to prove better title or proper acquisition. Documentary proof was not required for customary rights in unplanned areas. The plaintiff is declared the rightful owner of the plot.

Court Disposition

Plaintiff declared rightful owner; suit succeeds in part.

Orders

  • Plaintiff declared rightful owner of Plot No. 263 Block E Tegeta, Dar Es Salaam.
  • Plaintiff awarded costs of the suit.