19940531 TZHC Dar es Salaam

19940531 TZHC Dar es Salaam

The applicant's right of occupancy was unlawfully granted in disregard of statutory provisions protecting development owners, rendering the grant invalid and the applicant without a right to be protected; thus, the President's corrective action in regranting the land to the development owners was justified, and the...

Source-derived case information.

Citation
19940531 TZHC Dar es Salaam
Parties
Applicant: Tricor Limited; Respondent: The Hon. Attorney General; Respondent: The Minister for Lands, Housing and Urban Development; Respondent: Jivandas Keshavji Davda; Respondent: Jayantilal Gokaldas; Respondent: Mukesh Gaurishanker Joshi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 1994
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Certiorari
Outcome
Application dismissed
Legal Topics
Revocation of Right of Occupancy, Natural Justice, Double Allocation, Land Regrant, Certiorari, Constitutionality of Statutory Provisions
Source Language
english
Administrative Law Land Law Constitutional Law Revocation of Right of Occupancy Natural Justice Double Allocation Land Regrant Certiorari +1 more

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Summary, issues, holding and outcome

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Parties

Tricor Limited

Applicant

The Hon. Attorney General

Respondent

The Minister for Lands, Housing and Urban Development

Respondent

Jivandas Keshavji Davda

Respondent

Jayantilal Gokaldas

Respondent

Mukesh Gaurishanker Joshi

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Certiorari

Legal Issues

  1. 1 Whether the revocation of the applicant's right of occupancy was lawful
  2. 2 Whether section 10 of the Land Ordinance is unconstitutional
  3. 3 Whether the applicant was denied natural justice

Ratio Decidendi

The applicant's right of occupancy was unlawfully granted in disregard of statutory provisions protecting development owners, rendering the grant invalid and the applicant without a right to be protected; thus, the President's corrective action in regranting the land to the development owners was justified, and the application for certiorari must fail.

Court Disposition

Application dismissed

Orders

  • Respondents awarded costs