sameer mohamed vs the temeke municipal council 8 others 2023 tzhclandd 16511 29 may 2023

sameer mohamed vs the temeke municipal council 8 others 2023 tzhclandd 16511 29 may 2023

The suit cannot proceed in absence of necessary land authorities as parties; withdrawal is permitted to allow proper joinder and refiling.

Citation
sameer mohamed vs the temeke municipal council 8 others 2023 tzhclandd 16511 29 may 2023
Parties
Plaintiff: Sameer Mohamed; 1st Defendant: Temeke Municipal Council; 2nd Defendant: The Attorney General; 3rd Defendant: Sophia Bakari Imonje; 4th Defendant: Jackon Barikiel Ulotu; 5th Defendant: Sami George Mahenge; 6th Defendant: Wakubemba Bakari Busolo; 7th Defendant: Bakari Athuman Ndolwa; 8th Defendant: Mariam Kondo Mahenge; 9th Defendant: Selemani Kondo Mahenge
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 May 2023
Procedural Posture
Land Case / Ruling on Withdrawal Due to Non Joinder of Necessary Parties
Outcome
Suit withdrawn with leave to refile; no order for costs.
Legal Topics
Non Joinder of Necessary Parties, Withdrawal of Suit, Land Ownership, Compensation, Government Representation
Source Language
English
Civil Procedure Land Law Non Joinder of Necessary Parties Withdrawal of Suit Land Ownership Compensation Government Representation

Case Brief

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Parties

Sameer Mohamed

Plaintiff

Temeke Municipal Council

1st Defendant

The Attorney General

2nd Defendant

Sophia Bakari Imonje

3rd Defendant

Jackon Barikiel Ulotu

4th Defendant

Sami George Mahenge

5th Defendant

Wakubemba Bakari Busolo

6th Defendant

Bakari Athuman Ndolwa

7th Defendant

Mariam Kondo Mahenge

8th Defendant

Selemani Kondo Mahenge

9th Defendant

Procedural Posture

Land Case / Ruling on Withdrawal Due to Non Joinder of Necessary Parties

Legal Issues

  1. 1 Who is the lawful owner of the disputed land?
  2. 2 Whether the land in dispute was part of 20,000 Plots Project in Dar es Salaam City, Dar es Salaam Region.
  3. 3 Whether compensation was paid on the disputed land.

Ratio Decidendi

The suit cannot proceed in absence of necessary land authorities as parties; withdrawal is permitted to allow proper joinder and refiling.

Court Disposition

Suit withdrawn with leave to refile; no order for costs.

Orders

  • Plaintiff granted leave to withdraw suit and refile after joining necessary parties.
  • No order for costs.