stanley karama mariki vs chihiyo kwisia wo nderingo ngomuo 1981 tzca 1 18 june 1981
The court ordered an assessment of the value of buildings, durable plants, and crops established by the appellant after purchase but before notice of appeal and warning, and the determination of reasonable rent for the period of occupation, to ensure fair resolution between the parties.
Source-derived case information.
- Citation
- stanley karama mariki vs chihiyo kwisia wo nderingo ngomuo 1981 tzca 1 18 june 1981
- Parties
- Appellant: Stanley Karama Mariki; Respondent: Chihiyo Kwisia w/o Nderingo Ngomuo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 June 1981
- Procedural Posture
- Civil Appeal / Order After Hearing Both Parties on Appeal
- Outcome
- Order for assessment issued
- Legal Topics
- Assessment of Improvements, Valuation of Land and Crops, Execution of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Karama Mariki
Appellant
Chihiyo Kwisia w/o Nderingo Ngomuo
Respondent
Procedural Posture
Civil Appeal / Order After Hearing Both Parties on Appeal
Legal Issues
- 1 Assessment of value of buildings and crops erected or planted by appellant after purchase of disputed land
- 2 Exclusion of improvements made after notice of appeal and warning by court
- 3 Determination of reasonable rent value for period of occupation
Ratio Decidendi
The court ordered an assessment of the value of buildings, durable plants, and crops established by the appellant after purchase but before notice of appeal and warning, and the determination of reasonable rent for the period of occupation, to ensure fair resolution between the parties.
Court Disposition
Order for assessment issued
Orders
- Resident Magistrate in charge of Kilimanjaro Region to visit the disputed land and assess: (a) value of buildings erected by appellant after purchase but before notice of appeal and warning; (b) value of durable plants planted by appellant after purchase but before notice of appeal and warning; (c) average yield and...
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA (Corami Nvalali. C. J.. Mwakasendo. J.A. and KlsanqaT J.A. ) CIVIL APPEAL NO. 15 OF 1979 B E T W E E N STANLEY KARAMA MARIKI . . . . . . .............. • . APPELLANT A N D CHIHIYO KWISIA w/o NDERINGO N GO M U O .............. RESPONDENT (Appeal from the judgment and decree of the High Court of Tanzania at Arusha) (Mnzavas, J.) dated the 17th April, 1978, in Civil Appeal No. 53 of 197 7 ORDER OF THE COURT WXALALI, C.J.: XJjpOn bearing both parties in this appe-w-i-t is h»r«by tJlat the Resident Magistrate*irwchargt of the Court of the Resident Magistrate for Kilimanjaro Region J~iould visit the land in dispute and in the presence of the parties proceed to make an assessment on the following matters concerning the land *v purchased by the Appellant on authority of a ~ourt order:- ~(a) Hie Value of the buildings erected ry the Appellant after he purchased the land in question but excluding any buildings erected by the AppellarI after he was informed by Resident Magistrate's Cour1 ^- in April 1977 about the appeal to the High Cour .\ nt Arusha and was warned by Resident Magistrate's\court to take no further action on the land pending th\ t appeal; (b) The value of the different types of durable plants planted by the Appellant after he purchavid the land in question but excluding those planted him after he was informed by Resident Magistrate's C jurt in April 1977 about the appeal to the High Court at Arusha and was warned by Resident Magistrate's Court io take no further action on the land pending that appealJ ... ,../2 2 - (c) The average yield and value of the different types of durable crops planted by the Appellant after he purchased the land in question but excluding any crops planted by him after he was informed by Resident Magistrate's Court in April 1977 about the appeal to the High Court at Arusha and was warned by Resident Magistrate's Court to take no further action on the land pending that appeal; (d) The value of rent which would have been reasonably payable in the locality by a tenant if the land including the relevant buildings and durable plants had been let during the period in which the Appellant had been in occupation of the land. DflffE?) at ARUsS^this /£ day of / L4 U_ <>_ 1981. 0 '• / / *i'r- > > / m O r'-'V F. L. NYALALI CHIEF JUSTICE <*. / \ 'V. Y.M.M. MWAKASENDO JUSTICE OF APPEAL -"<• •*'V ' AI , R. H. KIS-vNGA ° ’ . °,V JUSTICE OF APPEAL G? ■■: ^ certify.that this is a true copy of the original* yv " X - — y ( C. G. MTENGA REGISTRAR