20170905 TZHC Dar es Salaam

20170905 TZHC Dar es Salaam

Plaintiff unlawfully constructed fence and servant's quarter without permits and encroached on defendant's plot; demolition was justified. No trespass by defendants established. Suit dismissed.

Citation
20170905 TZHC Dar es Salaam
Parties
Plaintiff: Mechtilda Alexander Mugo; 1st Defendant: Consolata D. Ngeleja t/a Lulu Social Hall; 2nd Defendant: Kinondoni Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 2017
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Trespass, Building Permits, Local Government Liability
Source Language
English
Land Law Civil Procedure Trespass Building Permits Local Government Liability

Case Brief

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Parties

Mechtilda Alexander Mugo

Plaintiff

Consolata D. Ngeleja t/a Lulu Social Hall

1st Defendant

Kinondoni Municipal Council

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the defendants trespassed on the plaintiff's plot and demolished her fence and part of her house
  2. 2 If trespass occurred, whether the plaintiff suffered damages
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

Plaintiff unlawfully constructed fence and servant's quarter without permits and encroached on defendant's plot; demolition was justified. No trespass by defendants established. Suit dismissed.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed with costs