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Tanzania Judgment

TZHC

N

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Professional case brief

Research organized from the available case record

Source document

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

Appellant

Ramadhani Saidi

Respondent

03

Procedural history

  1. Posture

    Civil Appeal / Judgment

04

Questions and positions

Legal issues

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

  1. 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

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Judgment text

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Source document

TZHC

Judgment· 1 January 1977

N

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··

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