19891031 TZCA Dar es Salaam

19891031 TZCA Dar es Salaam

No point of law of general public interest was involved; the facts supported the respondent's lawful ownership and no revocation order had been issued; the application for leave to appeal was dismissed as meritless.

Citation
19891031 TZCA Dar es Salaam
Parties
Applicant: Shabani Iddi; Respondent: Bamiji Khadija Khalil
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 October 1989
Procedural Posture
Civil Application / Application for Leave to Appeal to Court of Appeal
Outcome
application dismissed with costs
Legal Topics
Right of Occupancy, Variation of Contract, Leave to Appeal, Revocation of Land Title
Source Language
English
Land Law Civil Procedure Right of Occupancy Variation of Contract Leave to Appeal Revocation of Land Title

Case Brief

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Parties

Shabani Iddi

Applicant

Bamiji Khadija Khalil

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether a grantee of a year-to-year Right of Occupancy which has expired has any title to the land requiring revocation before reallocation
  2. 2 Whether a variation of contract by mutual consent requires a new offer and acceptance
  3. 3 Whether the applicant was served with notice to stop construction

Ratio Decidendi

No point of law of general public interest was involved; the facts supported the respondent's lawful ownership and no revocation order had been issued; the application for leave to appeal was dismissed as meritless.

Court Disposition

application dismissed with costs

Orders

  • application for leave to appeal is dismissed
  • applicant to pay costs