raphael shinane vs sostenes magezi 2 others 2023 tzhc 22385 6 november 2023

raphael shinane vs sostenes magezi 2 others 2023 tzhc 22385 6 november 2023

The 1st defendant trespassed on plot No. 60 owned by the plaintiff and built a house thereon. Plot No. 59/A, claimed by the 1st defendant, does not exist in the official demarcation or approved surveys. The plaintiff is entitled to a declaration of ownership, eviction of the 1st defendant, demolition of structures, general damages, and costs. Special damages were not proved and are denied.

Citation
raphael shinane vs sostenes magezi 2 others 2023 tzhc 22385 6 november 2023
Parties
Plaintiff: Raphael Shinane; 1st Defendant: Sostenes Magezi; 2nd Defendant: Shinyanga Municipal Council; 3rd Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 November 2023
Procedural Posture
Land Case / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Trespass to Land, Ownership of Land, Demarcation and Survey of Plots, Eviction and Demolition Orders, Damages (general and Special)
Source Language
English
Land Law Civil Procedure Trespass to Land Ownership of Land Demarcation and Survey of Plots Eviction and Demolition Orders Damages (general and Special)

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Parties

Raphael Shinane

Plaintiff

Sostenes Magezi

1st Defendant

Shinyanga Municipal Council

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the 1st defendant built a house on plot No. 60 owned by the plaintiff
  2. 2 Whether Plot No. 59/A owned by 1st defendant exists
  3. 3 What reliefs are parties entitled to

Ratio Decidendi

The 1st defendant trespassed on plot No. 60 owned by the plaintiff and built a house thereon. Plot No. 59/A, claimed by the 1st defendant, does not exist in the official demarcation or approved surveys. The plaintiff is entitled to a declaration of ownership, eviction of the 1st defendant, demolition of structures, general damages, and costs. Special damages were not proved and are denied.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that plaintiff is the lawful owner of plot No. 60 Block JJ, Ndembezi Shinyanga
  • 1st defendant to give vacant possession and demolish all structures erected on plot No. 60 at his own cost, immediately