20070524 TZCA Dar es Salaam

20070524 TZCA Dar es Salaam

The intended revocations and the actual revocation of the rights of occupancy were in the public interest as required by section 10(2) of the Land Ordinance. The High Court erred in holding the notices invalid for lack of reasons and in finding the revocation unlawful. The Land Acquisition Act, 1967 was not applicable to the proceedings.

Citation
20070524 TZCA Dar es Salaam
Parties
Appellant: The Commissioner for Lands; Appellant: The Attorney General; Respondent: Maya Investments Co. Ltd; Respondent: Scaba Scuba Enterprises
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 May 2007
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed in part
Legal Topics
Revocation of Right of Occupancy, Judicial Review, Public Interest, Procedural Validity of Notices
Source Language
English
Administrative Law Land Law Revocation of Right of Occupancy Judicial Review Public Interest Procedural Validity of Notices

Case Brief

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Parties

The Commissioner for Lands

Appellant

The Attorney General

Appellant

Maya Investments Co. Ltd

Respondent

Scaba Scuba Enterprises

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the notices of revocation issued by the Commissioner for Lands were valid
  2. 2 Whether the revocation of the right of occupancy was in the public interest under section 10(2) of the Land Ordinance
  3. 3 Whether the Land Acquisition Act, 1967 applied to the revocation process

Ratio Decidendi

The intended revocations and the actual revocation of the rights of occupancy were in the public interest as required by section 10(2) of the Land Ordinance. The High Court erred in holding the notices invalid for lack of reasons and in finding the revocation unlawful. The Land Acquisition Act, 1967 was not applicable to the proceedings.

Court Disposition

Appeal allowed in part

Orders

  • Order of certiorari quashing the notices and revocation is set aside
  • Order of prohibition restraining the Commissioner for Lands is quashed