19980925 TZHC Dar es Salaam
- Citation
- 19980925 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 25 September 1998
- Posture
- Civil Appeal / Second Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 25 September 1998
- Posture
- Civil Appeal / Second Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The land in dispute belongs to the government, and neither party has a right to claim ownership. The appellant received fair compensation for destroyed crops, which has already been paid. There is no merit in the appeal.
Court disposition
appeal dismissed
Orders
- Judgment certified to Ilala District Court for delivery to the parties
- Each party to bear own costs
02
Material facts
Parties
Salima Abdallah
AppellantRamadhani Chuma
RespondentAmounts and remedies
- Compensation Awarded by Trial Court: TZS 60,000
- Compensation Awarded by District Court: TZS 200,000
03
Procedural history
Posture
Civil Appeal / Second Appeal
04
Questions and positions
Legal issues
- 01
Whether the respondent lawfully occupied the disputed land
- 02
Whether the appellant is entitled to compensation for destroyed crops
- 03
Whether either party has ownership rights over the disputed land
Party arguments
- Applicant
- The appellant claimed recovery of a portion of land and compensation for crops allegedly destroyed by the respondent, asserting entitlement as a daughter of the original occupant's elder brother.
- Respondent
- The respondent argued lawful occupation of the land based on a grant from Ali Athumani and denied liability for further compensation, as the land belonged to the government.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Land acquired by the government and compensated for ceases to be private property; subsequent occupation does not confer ownership rights.
- 02
Court's reasoning
Compensation for destroyed crops may be awarded if proven, but does not affect land ownership status.
06
Ratio, limits and disposition
Ratio decidendi
The land in dispute belongs to the government, and neither party has a right to claim ownership. The appellant received fair compensation for destroyed crops, which has already been paid. There is no merit in the appeal.
Obiter and limits
- Each party shall bear his/her own costs in this court.
Court disposition
appeal dismissed
- Judgment certified to Ilala District Court for delivery to the parties
- Each party to bear own costs
Source and reliance status
TZHC · 25 September 1998
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· 25 September 1998
IN THS HIGH. ,COURT OF TANlANIA (DAR 1,.;s. s;:1.LAM1 DISTRICT REGISTRY)
AT DAR ES SALAAM . \ (PC) CIVIL APPEaL NO. 7 OF 1997 (From the decision of the District Court of Ila.la at Samora ,wenue Civil ,\ppeal No.11 1996 Original ot Buguruni _Primary Court Civil Case Oo 18 of 1997) SALIM!,. 1'.~BDM.LJ.H 00000000000000000000000000000000000000 APPELUu~T Versus R/IJVifWI-LNI CHUMA . • "\" •••••••••••••••.• ••••••·. • • • • • • • • • • • • • '
RESPONDENT • CHIPETA, J.: This is a second appeal by the appell311t, Salima I1.bdallah. The bc:~ckground of tjle matter is that mnny yeo:rs ago, one Ali l,.tbu;iiani and his elder brother used to live in the disputed piece of land. The piece.lof land was later taken over by the Government and i'i.li i,thumani and his elder brother were compensated fully. Sub- sequently the elder brother died, and li.lj. ii.thumani gave a portion of that . piece of lnnd to the respondent, Rarnadhani Chuma. The respondent then removed from that portion of tlre piece of land whatever was there, built a hut and started growing vegetabJes on that portion of the land. It was then that the appe_llant, who is a daughter of i-1.li Athumani's elder brother, sued.the· respon~ent for recovery of thnt portion of the piece of land and for compensation for crops said to have been destroyed • by the respondent. The trial court held that the respondent lawfully went into occupation of that portion of the piece of land, but it awarded the appellant Shs. _60,000/= as compensation. On appeal to the District Court,. that court agreed with the decidon of the trial court, but it ass1:;ssed compensation at Shs. 200,000/=. 2 With respect +o the appellant 11 I think that she got a very fair de3.l in the circur;istances, and I note that that s..im has already been paid by the respondent to the appella..-rit o That piece of land belongs to the Government and so, none of the p3Tties has a right to claim its ownershipo For these reasons 11 I can see no merit in this appealo The same is accordingly hereby di.smissedo Each party shall bear his/her own costs in this courto Bo D o CHIPltTt.
JUDGE
ORDER This judgm8nt shall be certified to Ilala District Court for delivery to the parties. I< JUDGE ,. AT Di'IR ES Siu,i\Ai.111 o .4· 25th September, 19980
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