19931014 TZCA Dar es Salaam

19931014 TZCA Dar es Salaam

The respondent's right of occupancy was valid as the native authority was consulted. Only three appellants (Cliff Richard, Tiamisi Machumu, Simon Ndeme) proved bona fide occupation and development before the dispute and are entitled to compensation for unexhausted improvements made between 1980 and 1981. Other appellants failed to prove lawful allocation or occupation and are not entitled to relief.

Citation
19931014 TZCA Dar es Salaam
Parties
Appellant: Siki Askihis & 15 Others; Respondent: Respondent (not named in extract)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 October 1993
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed except for compensation to three appellants for bona fide improvements.
Legal Topics
Right of Occupancy, Customary Land Allocation, Compensation for Improvements, Consultation With Native Authority
Source Language
English
Land Law Civil Procedure Right of Occupancy Customary Land Allocation Compensation for Improvements Consultation With Native Authority

Case Brief

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Parties

Siki Askihis & 15 Others

Appellant

Respondent (not named in extract)

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the grant of right of occupancy to the respondent was null and void for lack of consultation with the native authority
  2. 2 Whether appellants were in lawful occupation before the grant to the respondent
  3. 3 Whether bona fide improvements by appellants entitled them to compensation

Ratio Decidendi

The respondent's right of occupancy was valid as the native authority was consulted. Only three appellants (Cliff Richard, Tiamisi Machumu, Simon Ndeme) proved bona fide occupation and development before the dispute and are entitled to compensation for unexhausted improvements made between 1980 and 1981. Other appellants failed to prove lawful allocation or occupation and are not entitled to relief.

Court Disposition

Appeal dismissed except for compensation to three appellants for bona fide improvements.

Orders

  • Matter remitted to High Court or executing court to ascertain unexhausted improvements by Cliff Richard, Tiamisi Machumu, and Simon Ndeme between 1980 and 1981 for compensation.
  • No compensation for improvements after 1982.