Tanzania Case Law

penina mhere wangwe 31 others vs north mara gold mine limited 2023 tzhc 20674 4 september 2023

Court

TZHC

The High Court has jurisdiction over disputes concerning land acquisition and compensation, as these are not within the exclusive mandate of the Mining Commission under the Mining Act. The requirement for valuation reports at the preliminary stage is not mandatory for jurisdiction, and the suit was filed within the limitation period as the cause of action arose upon receipt of the eviction notice. The defendant's preliminary objections are without merit and are overruled with costs.

Source excerpt

• Jurisdiction
• Compensation for land acquisition
• Valuation of land
• Limitation of actions
• Declaratory relief

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yahaya hamis mboneye vs tanzania roads agency 2 otherstanroad 2023 tzhc 20117 11 august 2023

Court

TZHC

The High Court at Kigoma partly allowed a land compensation claim, awarded TZS 3,900,000 and TZS 500,000 general damages, and found no trespass.

• Compensation for land acquisition
• Valuation of land
• Trespass
• General damages
• Land-compensation
• Land-valuation

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CIVIL REVISION NO 1 OF 2023 ATTORNEY GENERAL VS TANZANIA ELECTRIC SUPPLY COMPANY LIMITED 14 OTHERS

Court

TANZLII

Compensation awarded to claimants who did not testify was unlawful; only claimants who proved their claims are entitled to compensation. Execution process violated statutory requirements but reversal is not ordered due to advanced stage and hardship. Remaining complaints lack merit as High Court properly evaluated evidence and applied law.

Source excerpt

• Compensation for land acquisition
• Execution of decrees against government
• Valuation of land
• Functus officio
• Res judicata
• Burden of proof

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james makundi vs permanent secretary ministry of lands housing human settlements development others 2022 tzca 242 28 april 2022

Court

TZCA

The suit land was lawfully acquired by the President for public purpose (port expansion) in accordance with the Land Acquisition Act. The appellant ceased to be owner after acquisition and re-survey, and the third respondent's title is valid in the absence of proven fraud. The valuation was properly conducted and approved by the Chief Government Valuer, and the appellant's claim for higher compensation was unsupported. The trial court's decision was correct and the appeal lacks merit.

Source excerpt

• Compulsory acquisition
• Compensation for land
• Title to land
• Valuation of land
• Public purpose acquisition

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aidia hamis juma 2 others vs the registered trustee of the national social security fund nssr 2 others 2021 tzhclandd 6907 29 october 2021

Court

TANZLII

The plaintiffs failed to provide sufficient evidence that the compensation rate of Tshs. 35,000/- per square meter was unfair or inadequate. The defendants demonstrated that the valuation process was conducted lawfully and fairly, and the majority of affected residents accepted the compensation. Therefore, the compensation rate is upheld as fair and adequate.

Source excerpt

• Compulsory acquisition
• Compensation assessment
• Burden of proof
• Valuation of land

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james makundi vs permanent secretary ministry of lands housing human settlements development others 2021 tzca 3547 28 april 2021

Court

TZCA

The suit land was lawfully acquired by the President for public purpose (port expansion) under the Land Acquisition Act, the process of acquisition and allocation to the third respondent was valid, the appellant ceased to be owner upon acquisition, and the valuation for compensation was properly conducted and approved. The appellant failed to prove any illegality or fraud in the process.

Source excerpt

• Compulsory acquisition
• Compensation for land
• Title to land
• Valuation of land
• Public purpose acquisition

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leokadia ngwendesha and others vs nyakato enterprises and others 2020 tzhc 1803 30 june 2020

Court

TZHC

The execution process failed to comply with the judgment and decree because the valuation report was prepared by an interested party, violating principles of natural justice. The judgment and decree required an independent valuation officer to be appointed for compensation purposes. The manifest error justified review and correction of the execution process.

Source excerpt

• Compensation for land acquisition
• Execution of judgments
• Natural justice
• Valuation of land
• Customary land rights

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abbas kikunile vs fahim m saad 2020 tzhclandd 148 26 may 2020

Court

TANZLII

The High Court dismissed a land appeal, holding the appellant was properly sued, new and abandoned grounds could not be raised, and no proof showed lack of jurisdiction.

• Jurisdiction
• Party status
• Valuation of land
• Appeal grounds
• Pecuniary jurisdiction
• Land-law

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registered trustees of the roman catholic diocese of morogoro vs sabiha suleiman 2020 tzhclandd 151 18 may 2020

Court

TANZLII

The High Court allowed a land appeal in part, setting aside an erroneous rectification order and restoring the decree to specify a TZS 2,000,000 refund with interest.

• Rectification of decree
• Refund of purchase price
• Interest calculation
• Valuation of land
• Land-law
• Decree-rectification

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ally selemani kibwana and others vs ms cosmos estate ltd and another 2020 tzhclandd 109 3 april 2020

Court

TANZLII

The High Court Land Division dismissed a claim for additional compensation after compulsory acquisition, holding the plaintiffs had been involved, paid, and were estopped from reopening the matter.

• Compensation for compulsory acquisition
• Valuation of land
• Estoppel
• Adequacy of compensation
• Compulsory-acquisition-compensation
• Land-valuation

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