N
- Citation
- N
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 January 1977
- Posture
- Civil Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 January 1977
- Posture
- Civil Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Ramadhani Kambi Mkinga
AppellantRamadhani Saidi
Respondent03
Procedural history
Posture
Civil Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the respondent is entitled to compensation for improvements made on the appellant's land
- 02
Whether the quantum of compensation should be assessed and fixed by the court
Party arguments
- Applicant
- The appellant argued that he did not authorize anyone to sell the plot and challenged the respondent's occupation and claim for compensation for improvements.
- Respondent
- The respondent claimed to have made certain improvements on the appellant's plot and sought reasonable compensation for those improvements.
05
Court’s reasoning
Legal principles
- 01
general principles of equity and property law
A person who makes improvements on another's land in good faith may be entitled to reasonable compensation.
06
Ratio, limits and disposition
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
- 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.
Source and reliance status
TZHC · 1 January 1977
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 1 January 1977
THE UNITED REPUBLIC OF 'l'.-\NZANIA
IN THE HIGH COURT OF TANZANIA AT -
DAR ES SALAAM CIVIL APPEAL N0.17/85 HIGH COURT MISC. CIVIL CAUSE NO. 6/85 ORIGINAL KISUTU RMs. COURT CIVIL CASE NO. 38 OF 1983 RAMADHANI KAMBI MKINGA • • • • • • APPELLAN! versus RAMADHANI SAIDI • • • a ••••• RESPONOENT J U D G E M E N T: MAPIGAN0 1 J. This is-an-appeal a~ainst the order ~hat +he lea,ned resident magisf:ra.,_e-made at the· end of his judgmen., da•ed 9/12/83, requiring the apP.ellant +o-make reasonabla e()ll,GRSa•ion to the re~ponden+ in resp~ct of certain im;rovemen+• •fta• •~e respondent had carried ouf, on the plot of +-he appellan•• - 11\e learned magistrate did not go .fnl'tlllor and asses$ and fix tt)le quantum of the said compensatione It was common g,i:-ound that the-appellant Ramadhani Ka~bi Mkinga was since 8bly, 1977 the grantee of a right of oeaqpancy in a parcel of land described by +-he land office as plo+ No; 475 - Bloek-8, Mwananyamala B Area, Dar es Salaam, and held a ce.r~iftca~e of ~it.le ~earing No.135791, valid for a period of 33 years. He had sought and Ob~ained a building perrni~ from +-he City C~~n~11,- bU~ his disire ~o s~ar~ constructing a dwelling~house on ~he plot. met a drawback• On 10/10/77 he was convic~ed of an offence by ~he diSt.rict cour~-a~ Kisutu and was consequently-send to jail - for a term of eight years. While he was serving ~he terffl he got. wind of an unset~Iing rumour that the respondent Ramadhani Saidi had-entered upon the plot and occupied 1~. -Naturally ~e was- p\k"turbed. According to him, he had no~ au~horised any one +o sell ~he plot. . ;.,... ,.t··
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.