20121024 TZHC Dodoma

20121024 TZHC Dodoma

The trial tribunal failed to properly evaluate the evidence regarding the appellants' legal status and entitlement to compensation; since the appellants were recognized and fees were collected, they are entitled to fair compensation for the demolished stock yard.

Citation
20121024 TZHC Dodoma
Parties
Appellant: Matanza Iddi; Appellant: Ally Macally; Appellant: Wile Gabriel; Appellant: Ramadhani Siogope; Appellant: Shomary Said; Appellant: Mohamed Hussein; Respondent: Dodoma Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 October 2012
Procedural Posture
Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
appeal allowed
Legal Topics
Compensation for Eviction, Evaluation of Evidence, Rights of Traders on Municipal Land
Source Language
English
Land Law Administrative Law Compensation for Eviction Evaluation of Evidence Rights of Traders on Municipal Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Matanza Iddi

Appellant

Ally Macally

Appellant

Wile Gabriel

Appellant

Ramadhani Siogope

Appellant

Shomary Said

Appellant

Mohamed Hussein

Appellant

Dodoma Municipal Council

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellants were entitled to compensation upon eviction from municipal land
  2. 2 Whether the trial tribunal properly evaluated the evidence regarding the appellants' rights and compensation

Ratio Decidendi

The trial tribunal failed to properly evaluate the evidence regarding the appellants' legal status and entitlement to compensation; since the appellants were recognized and fees were collected, they are entitled to fair compensation for the demolished stock yard.

Court Disposition

appeal allowed

Orders

  • matter to be retried de novo at the District Tribunal
  • District Tribunal to ascertain and establish value of yard stock for fair compensation to appellants