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Tanzania decisions
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Plaintiff established ownership of 6 acres of the disputed land on a balance of probabilities, developed it, and suffered loss due to defendants' unlawful acquisition for school construction. However, claims for special damages were unproven; only general damages and alternative land compensation were awarded.
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The High Court declared the plaintiff owner of Plot No. 546 Block JJJ, ordered valuation and compensation for the 1st defendant’s mud house, and dismissed unproved damages claims.
The defendant did not breach the MOF Agreement as the obligation to insure remained with the plaintiff, but a separate agency agreement existed whereby the defendant, acting as the plaintiff's agent, failed to procure the insurance cover as specifically instructed. The necessary party's liability is limited to TZS 20,000,000 as per the policy endorsement, and the plaintiff failed to strictly prove special damages beyond this amount. General damages are awarded due to the defendant's negligence and breach of agency duty.
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The amended plaint failed to sufficiently describe the suit land as required by law, omitting necessary particulars such as boundaries and adjacent owners. This statutory defect meant the plaint did not establish a cause of action, rendering the trial court proceedings, judgment, and decree a nullity.
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The High Court of Tanzania held that the plaintiff was the lawful owner of Plot No. 43 at Bahari Beach, granted an injunction, and awarded damages and costs.
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