20150316 TZHC Dar es Salaam

20150316 TZHC Dar es Salaam

The court found that Plot No. 1823 was not illegally created, as it was surveyed, approved, and allocated by the proper authorities following legal procedures. The structure on Plot No. 1823 did not block access to the plaintiff's plots, as alternative access roads existed. The plaintiff's claims were not substantiated by evidence.

Citation
20150316 TZHC Dar es Salaam
Parties
Plaintiff: Mazaher Limited; 1st Defendant: The Honourable Attorney General; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Tinga Tinga Arts Cooperative Society Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 March 2015
Procedural Posture
Civil Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Creation of Land Plots, Town and Country Planning, Right of Access, Demolition Orders, Master Plan Compliance
Source Language
English
Land Law Civil Procedure Creation of Land Plots Town and Country Planning Right of Access Demolition Orders Master Plan Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Mazaher Limited

Plaintiff

The Honourable Attorney General

1st Defendant

Commissioner for Lands

2nd Defendant

Tinga Tinga Arts Cooperative Society Ltd

3rd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether Plot No. 1823 Oysterbay Shopping Centre was illegally created
  2. 2 Whether the structure on Plot No. 1823 has blocked a through road to Plots No. 16 and 17 Oysterbay Shopping Centre
  3. 3 What reliefs are the parties entitled thereto

Ratio Decidendi

The court found that Plot No. 1823 was not illegally created, as it was surveyed, approved, and allocated by the proper authorities following legal procedures. The structure on Plot No. 1823 did not block access to the plaintiff's plots, as alternative access roads existed. The plaintiff's claims were not substantiated by evidence.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed
  • Plaintiff to pay costs