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The High Court held that Clementina Jilanga proved ownership of the disputed land, ordered the 2nd to 4th defendants to vacate or compensate, and dismissed claims against the municipal council and Attorney General.
The Court of Appeal upheld a High Court land judgment, confirming Plot 347 was surveyed and that the appellant’s house lay within it, dismissing the appeal.
The appellant's customary right of occupancy was extinguished by the allocation of the surveyed land to the respondents by the Municipal Council, and due to his long absence from the land, he was not entitled to compensation. The tribunal was justified in not following assessors' opinions as it is not bound by them.
Source excerpt
The disputed plot was lawfully allocated to Gerald Vedastus, who had good title to pass to Jackson Lyimo. Evarist Madukulu did not have a compensable interest in the disputed plot as there were no improvements at the time of survey, and he was already allocated three out of four plots. The appeal lacked merit and was dismissed.
Source excerpt
The disputed plot was lawfully allocated to Gerald Vedastus, who had good title to transfer to Jackson Lyimo. Evarist Madukulu was not entitled to compensation as he had not improved the land and there was nothing worth compensating at the time of the survey. The appellant's father received three out of four plots, which was deemed adequate.
Source excerpt
The disputed plot was lawfully allocated to Gerald Vedastus as there was no evidence that Evarist Madukulu owned or improved the plot before or after the survey. The appellant's father was already allocated three plots, and there was no legal or factual basis for further allocation or compensation. Jane Jackson Lyimo, as administrator of her late husband's estate, is the lawful owner of the disputed plot.
Source excerpt
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