20190916 TZHC Dar es Salaam

20190916 TZHC Dar es Salaam

The plaintiff's allocation of Plot No. 430 Block C, Tegeta in 1986 was unprocedural and based on an unapproved T.P drawing, which did not confer legal title. The 1995 approved survey plan relocated Plot 430 Block C to a different area, now an open space, extinguishing the plaintiff's rights over the disputed land. The first defendant, having a deemed right of occupancy since 1982, was lawfully allocated plots 505 and 506 after the 2010 survey. The allocation by the Commissioner for Lands was lawful, and the plaintiff has no right to the disputed plots.

Citation
20190916 TZHC Dar es Salaam
Parties
Plaintiff: Zebra International Enterprises Limited; 1st Defendant: Anthony Mrisho Ngai; 2nd Defendant: Commissioner for Lands; 3rd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 September 2019
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Land Allocation, Double Allocation, Customary Right of Occupancy, Survey Plans, Letters of Offer, Eviction, Permanent Injunction
Source Language
English
Land Law Land Allocation Double Allocation Customary Right of Occupancy Survey Plans Letters of Offer Eviction Permanent Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Zebra International Enterprises Limited

Plaintiff

Anthony Mrisho Ngai

1st Defendant

Commissioner for Lands

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the lawful owner of Plot No. 430 Block C, Tegeta area with the letter of Offer No. LD 12539/6/1 PJAC issued on 25/09/1986
  2. 2 Whether the disputed plot was surveyed by 1985
  3. 3 Whether the disputed Plot No. 430 Block C, Tegeta is a different area from Blocks 505 and 506 Block C, Tegeta

Ratio Decidendi

The plaintiff's allocation of Plot No. 430 Block C, Tegeta in 1986 was unprocedural and based on an unapproved T.P drawing, which did not confer legal title. The 1995 approved survey plan relocated Plot 430 Block C to a different area, now an open space, extinguishing the plaintiff's rights over the disputed land. The first defendant, having a deemed right of occupancy since 1982, was lawfully allocated plots 505 and 506 after the 2010 survey. The allocation by the Commissioner for Lands was lawful, and the plaintiff has no right to the disputed plots.

Court Disposition

Suit dismissed with costs

Orders

  • Plaintiff's claims for declaration of ownership, eviction, damages, and injunction are dismissed
  • Plaintiff to bear costs of the suit