19880627 TZCA Dar es Salaam

19880627 TZCA Dar es Salaam

By consent, the High Court judgment is set aside; respondents may erect a building subject to city council rules, provided a 15-foot wide passage is left for appellant's access.

Citation
19880627 TZCA Dar es Salaam
Parties
Appellant: Mathew Haule; Respondent: Ally Jongo; Respondent: Omar Rashid
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 June 1988
Procedural Posture
Civil Appeal / Final Judgment
Outcome
judgment by consent
Legal Topics
Injunction, Access Rights, Building Regulations
Source Language
English
Property Law Injunction Access Rights Building Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Mathew Haule

Appellant

Ally Jongo

Respondent

Omar Rashid

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether respondents can erect a building on their plot
  2. 2 Whether appellant is entitled to an injunction
  3. 3 Whether access road must be provided

Ratio Decidendi

By consent, the High Court judgment is set aside; respondents may erect a building subject to city council rules, provided a 15-foot wide passage is left for appellant's access.

Court Disposition

judgment by consent

Orders

  • High Court judgment set aside
  • Appellant withdraws application for injunction