20170724 TZHC Mwanza

IN THE HIGH COURT OF TANZANIA

AT MWANZA LAND CASE NO. 04 OF 2014 MWANAIDI ATHUMANI. ............................................... PLAINTIFF

VERSUS THE ATTORNEY GENERAL. .....................-.................... 1 sT DEFENDANT

ASSISTANT COMMISSIONER FOR LAND LAKE ZONE ................................................................. 2ND DEFENDANT . RD DIRECTOR MWANZA CITY .......................................... 3 DEFENDANT

JUDGEMENT ON ADMISSION BEFORE: MAIGE,J The plaintiff filed the above suit for an order that the defendants be ordered to perform tlieir -statutory duties by issuing a Certificate of Occupancy to the plaintiff in respect of the property at plot No. 1 block "O" Rufiji street within reasonc~ble_ time.· The claim is premised on the judgement of Court of Appeal in civil appeal No. 24/1992 between the plaintiff and one Rashid Said in which the CAT directed the Certificate of Title issued to the defendant therein in respect of the above property, be revoked and the said plot be restored to the plaintiff.. 1 When the matter came for hearing, the plaintiff appeared through her attorney Mr .. Hussein, the 1st Defendant was represented by Mr. Krumuna, State attorney whereas the 3rd defendant, by the Masunga solicitor. Both the defense counsel admitted the claim . . In terms of order XV of the Civil Procedure Act therefore, I will pronounce a judgement on admission in· favour of the plaintiff against the defendant as follows:- The defendants are hereby ordered to issue a Certificate of Title in favour of the plaintiff ·in report of the property at Plot No. 1 Block "O" Rufiji Street Mwanza within 90 days from the date hereof. I will not give an order as to costs in the circumstance. D \ t I.~~~

JUDGE r 2