vickson konga vs mary bariye 2015 tzhc 2284 16 february 2015
Respondent and her husband were invitees without apparent justification for improvements; thus, not entitled to compensation or continued collection of rent. Tribunal's omission of assessors' opinions was not illegal due to expiry of their term.
Source-derived case information.
- Citation
- vickson konga vs mary bariye 2015 tzhc 2284 16 february 2015
- Parties
- Appellant: Vickson Konga; Respondent: Mary Bariye
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 February 2015
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Ownership, Compensation for Improvements, Invitee Rights, Vacant Possession
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vickson Konga
Appellant
Mary Bariye
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the respondent is entitled to compensation for improvements on land owned by the appellant
- 2 Whether the respondent is entitled to continue collecting rent from the disputed premises
- 3 Whether the Tribunal erred by finalising judgment without assessors' opinions
Ratio Decidendi
Respondent and her husband were invitees without apparent justification for improvements; thus, not entitled to compensation or continued collection of rent. Tribunal's omission of assessors' opinions was not illegal due to expiry of their term.
Court Disposition
appeal allowed
Orders
- Compensation order vacated
- Order allowing respondent to collect rent vacated
Full Case Text
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