20120801 TZHC Dar es Salaam

20120801 TZHC Dar es Salaam

The appellant, as a customary occupier displaced by the grant of right of occupancy to the respondent, was entitled to be heard on compensation for improvements. The DLHT erred by failing to address this issue adequately. The matter is remitted for proper hearing on compensation.

Citation
20120801 TZHC Dar es Salaam
Parties
Appellant: Mohamed Mussa; Respondent: Mohamed Abdallah Seif
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 August 2012
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; DLHT decision quashed and orders set aside; matter remitted for rehearing before a different chairperson; status quo maintained pending resolution of compensation.
Legal Topics
Customary Land Rights, Right of Occupancy, Compensation for Improvements, Land Surveying, Double Allocation of Land
Source Language
English
Land Law Customary Land Rights Right of Occupancy Compensation for Improvements Land Surveying Double Allocation of Land

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Parties

Mohamed Mussa

Appellant

Mohamed Abdallah Seif

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal properly evaluated the evidence regarding ownership and compensation rights over the disputed land
  2. 2 Whether the appellant, as a customary occupier, was entitled to compensation for improvements after the land was surveyed and granted to the respondent

Ratio Decidendi

The appellant, as a customary occupier displaced by the grant of right of occupancy to the respondent, was entitled to be heard on compensation for improvements. The DLHT erred by failing to address this issue adequately. The matter is remitted for proper hearing on compensation.

Court Disposition

Appeal allowed in part; DLHT decision quashed and orders set aside; matter remitted for rehearing before a different chairperson; status quo maintained pending resolution of compensation.

Orders

  • DLHT decision quashed
  • Subsequent orders set aside