attorney general vs dr ramadhani kitwana dau 4 others 2022 tzhclandd 265 21 april 2022

attorney general vs dr ramadhani kitwana dau 4 others 2022 tzhclandd 265 21 april 2022

The Attorney General is entitled to be joined as an interested party because the land in dispute, though registered in the name of a private individual, remains public land vested in the President as trustee, and the right of occupancy was subject to a condition prohibiting sale or transfer within 25 years. The...

Source-derived case information.

Citation
attorney general vs dr ramadhani kitwana dau 4 others 2022 tzhclandd 265 21 april 2022
Parties
Applicant: The Attorney General; 1st Respondent: Dr. Ramadhani Kitwana Dau; 2nd Respondent: Razeda Group Ltd; 3rd Respondent: Bank M Tanzania PLC; 4th Respondent: L.J Internation Ltd; 5th Respondent: Planetree Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 April 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Joinder as Interested Party
Outcome
Application granted
Legal Topics
Joinder of Parties, Public Interest Litigation, Right of Occupancy, Land Registration, Breach of Statutory Conditions
Source Language
english
Land Law Civil Procedure Administrative Law Joinder of Parties Public Interest Litigation Right of Occupancy Land Registration Breach of Statutory Conditions

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Parties

The Attorney General

Applicant

Dr. Ramadhani Kitwana Dau

1st Respondent

Razeda Group Ltd

2nd Respondent

Bank M Tanzania PLC

3rd Respondent

L.J Internation Ltd

4th Respondent

Planetree Co. Ltd

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Joinder as Interested Party

Legal Issues

  1. 1 Whether the Attorney General is entitled to be joined as an interested party in Land Case No. 97 of 2018 on grounds of public interest or involvement of public property

Ratio Decidendi

The Attorney General is entitled to be joined as an interested party because the land in dispute, though registered in the name of a private individual, remains public land vested in the President as trustee, and the right of occupancy was subject to a condition prohibiting sale or transfer within 25 years. The breach of this condition involves public interest, justifying the Attorney General's intervention.

Court Disposition

Application granted

Orders

  • The Attorney General is joined as a necessary party in Land Case No. 97 of 2018.
  • No order as to costs.