usafirishaji mikoani union ltd vs minister for lands housing and human settlements development 2 others 2022 tzhclandd 69 28 january 2022

usafirishaji mikoani union ltd vs minister for lands housing and human settlements development 2 others 2022 tzhclandd 69 28 january 2022

The applicant was not duly notified or heard before revocation, and statutory procedures for revocation of right of occupancy were not complied with, constituting a violation of natural justice and illegality of procedure.

Citation
usafirishaji mikoani union ltd vs minister for lands housing and human settlements development 2 others 2022 tzhclandd 69 28 january 2022
Parties
Applicant: Usafirishaji Mikoani Union Ltd; 1st Respondent: Minister for Lands, Housing and Human Settlements Development; 2nd Respondent: Assistant Land Commissioner, Eastern Zone; 3rd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 January 2022
Procedural Posture
Judicial Review / Ruling
Outcome
Application granted
Legal Topics
Revocation of Right of Occupancy, Natural Justice, Procedural Compliance, Judicial Review
Source Language
English
Land Law Administrative Law Revocation of Right of Occupancy Natural Justice Procedural Compliance Judicial Review

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Parties

Usafirishaji Mikoani Union Ltd

Applicant

Minister for Lands, Housing and Human Settlements Development

1st Respondent

Assistant Land Commissioner, Eastern Zone

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Judicial Review / Ruling

Legal Issues

  1. 1 Whether the applicant was duly notified and heard before revocation of right of occupancy
  2. 2 Whether statutory procedures for revocation were complied with

Ratio Decidendi

The applicant was not duly notified or heard before revocation, and statutory procedures for revocation of right of occupancy were not complied with, constituting a violation of natural justice and illegality of procedure.

Court Disposition

Application granted

Orders

  • Order of certiorari issued quashing notice of remedy breach and notice of revocation of applicant's right of occupancy on Farm No. 6, Rupia, Kilombero District with Title No. 33521
  • Applicant awarded costs