20121030 TZHC Mwanza2

20121030 TZHC Mwanza2

The disputed plot was lawfully allocated to Gerald Vedastus, who had good title to transfer to Jackson Lyimo. Evarist Madukulu was not entitled to compensation as he had not improved the land and there was nothing worth compensating at the time of the survey. The appellant's father received three out of four plots, which was deemed adequate.

Citation
20121030 TZHC Mwanza2
Parties
Appellant: Sixbert Evarist; 1st Respondent: Mwanza City Director; 2nd Respondent: Jane Jackson Lyimo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2012
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Allocation of Surveyed Land, Compensation for Unallocated Plots, Customary Rights, Title Transfer
Source Language
English
Land Law Allocation of Surveyed Land Compensation for Unallocated Plots Customary Rights Title Transfer

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sixbert Evarist

Appellant

Mwanza City Director

1st Respondent

Jane Jackson Lyimo

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the allocation of Plot No. 226 to the second respondent was lawful
  2. 2 Whether the appellant's father was entitled to compensation for Plot No. 226
  3. 3 Whether third party interests were considered during the survey

Ratio Decidendi

The disputed plot was lawfully allocated to Gerald Vedastus, who had good title to transfer to Jackson Lyimo. Evarist Madukulu was not entitled to compensation as he had not improved the land and there was nothing worth compensating at the time of the survey. The appellant's father received three out of four plots, which was deemed adequate.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs
  • second respondent declared lawful owner of disputed plot