20141107 TZHC Iringa

20141107 TZHC Iringa

The plaintiff is the lawful owner of the disputed land as evidenced by the offer of right of occupancy and corroborated by both plaintiff and defense witnesses. The first defendant was not justified in allowing the second defendant to establish a quarry on the plaintiff's land. The claim for special damages was not...

Source-derived case information.

Citation
20141107 TZHC Iringa
Parties
Plaintiff: Peter Victor Xavier Sao; First Defendant: Chairman Ugwachanya Village Council; Second Defendant: Ayoub Kibonde t/a Kibonde General (IR)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 November 2014
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff declared lawful owner; injunction and removal order granted; special damages denied; costs awarded to plaintiff.
Legal Topics
Ownership of Land, Permanent Injunction, Special Damages, Removal of Fixtures, Village Council Powers
Source Language
english
Land Law Ownership of Land Permanent Injunction Special Damages Removal of Fixtures Village Council Powers

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Parties

Peter Victor Xavier Sao

Plaintiff

Chairman Ugwachanya Village Council

First Defendant

Ayoub Kibonde t/a Kibonde General (IR)

Second Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the lawful owner of the disputed land
  2. 2 Whether the first defendant was justified to allow the second defendant to establish a quarry in the disputed land
  3. 3 Whether the second defendant established a quarry in the disputed land and sold gravel and stones

Ratio Decidendi

The plaintiff is the lawful owner of the disputed land as evidenced by the offer of right of occupancy and corroborated by both plaintiff and defense witnesses. The first defendant was not justified in allowing the second defendant to establish a quarry on the plaintiff's land. The claim for special damages was not proved as required by law.

Court Disposition

Plaintiff declared lawful owner; injunction and removal order granted; special damages denied; costs awarded to plaintiff.

Orders

  • Plaintiff declared lawful owner of farm No. 205 Ugwachanya Village, Mseke Ward, Iringa District.
  • Defendants permanently restrained from interfering with plaintiff's land.