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The court held that the respondent is entitled to reasonable compensation for improvements made on the appellant's land, but the quantum of compensation must be assessed and fixed by the court.

Citation
N
Parties
Appellant: Ramadhani Kambi Mkinga; Respondent: Ramadhani Saidi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1977
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Compensation for Improvements, Right of Occupancy, Assessment of Compensation
Source Language
English
Property Law Civil Procedure Compensation for Improvements Right of Occupancy Assessment of Compensation

Case Brief

Summary, issues, holding and outcome

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Parties

Ramadhani Kambi Mkinga

Appellant

Ramadhani Saidi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to compensation for improvements made on the appellant's land
  2. 2 Whether the quantum of compensation should be assessed and fixed by the court

Ratio Decidendi

The court held that the respondent is entitled to reasonable compensation for improvements made on the appellant's land, but the quantum of compensation must be assessed and fixed by the court.

Court Disposition

appeal allowed in part

Orders

  • The case is remitted to the lower court for assessment and fixation of the quantum of compensation payable to the respondent for improvements made on the appellant's plot.