ramadhani salum kinyogo vs tanzania national roads agency tanroads others 2016 tzhc 2296 8 september 2016

ramadhani salum kinyogo vs tanzania national roads agency tanroads others 2016 tzhc 2296 8 september 2016

The acquisition of the plaintiff's land was lawful and the procedures substantially complied with, but the valuation exercise was procedurally flawed by omitting certain properties (borehole well, fence wall, shop rooms) in the initial compensation. The plaintiff was entitled to additional compensation for omitted properties and interest for delayed payment, but claims for special damages were not strictly proved. General damages were awarded for frustration and suffering due to the flawed process.

Citation
ramadhani salum kinyogo vs tanzania national roads agency tanroads others 2016 tzhc 2296 8 september 2016
Parties
Plaintiff: Ramadhani Salum Kinyogo; 1st Defendant: Tanzania National Roads Agency (TANROADS); 2nd Defendant: The Permanent Secretary, Ministry of Works; 3rd Defendant: The Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 September 2016
Procedural Posture
Land Case / Judgment
Outcome
Partly allowed
Legal Topics
Compulsory Acquisition, Compensation for Land Acquisition, Valuation Procedures, Special Damages, General Damages, Procedural Fairness
Source Language
English
Land Law Compensation Law Administrative Law Compulsory Acquisition Compensation for Land Acquisition Valuation Procedures Special Damages General Damages +1 more

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Parties

Ramadhani Salum Kinyogo

Plaintiff

Tanzania National Roads Agency (TANROADS)

1st Defendant

The Permanent Secretary, Ministry of Works

2nd Defendant

The Honourable Attorney General

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff's land was lawfully acquired and the extent of acquisition
  2. 2 Whether acquisition and compensation procedures were duly complied with
  3. 3 Whether the valuation exercise was legally and procedurally carried out

Ratio Decidendi

The acquisition of the plaintiff's land was lawful and the procedures substantially complied with, but the valuation exercise was procedurally flawed by omitting certain properties (borehole well, fence wall, shop rooms) in the initial compensation. The plaintiff was entitled to additional compensation for omitted properties and interest for delayed payment, but claims for special damages were not strictly proved. General damages were awarded for frustration and suffering due to the flawed process.

Court Disposition

Partly allowed

Orders

  • Plaintiff awarded compensation for two omitted shop rooms at Tshs. 1,440,000/= plus interest at commercial bank fixed deposit rates from 7/2/2011 to payment date.
  • Plaintiff awarded interest on Tshs. 3,005,100/= (borehole well and fence wall) at commercial bank fixed deposit rates for late payment from 7/2/2011 to 24/2/2012.