20170904 TZHC Dar es Salaam

The village and district authorities acted without legal mandate in imposing fines and compensation; such actions are null and void. The sums paid by the appellant must be refunded. The claim for lost cattle was not proved by evidence and was rightly dismissed.

Citation: 20170904 TZHC Dar es Salaam
Parties: Appellant: Nhune Ndaki; 1st Respondent: Hali Nguye; 2nd Respondent: Ndambwe Ramadhani
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 September 2017
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal partly allowed
Legal Topics: Unlawful Administrative Action, Compensation for Loss, Trespass, Right to Be Heard, Local Government Powers
Source Language: English

Civil Law Local Government Law Tort Law Unlawful Administrative Action Compensation for Loss Trespass Right to Be Heard Local Government Powers

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Parties

Nhune Ndaki

Appellant

Hali Nguye

1st Respondent

Ndambwe Ramadhani

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the village authorities acted lawfully in imposing fines and compensation without court process
2 Whether the appellant is entitled to compensation for alleged lost cattle
3 Whether the sums paid by the appellant should be refunded

Ratio Decidendi

Court Disposition

appeal partly allowed

Orders

Orders made by the village and district authorities and the trial court blessing them are nullified.
The appellant is to be refunded the sums paid as compensation, charges, and costs (Tshs. 1,050,000/=).