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Tanzania decisions
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The High Court dismissed a preliminary objection that the land suit was time barred, holding that the limitation issue could not be resolved without evidence.
The High Court held that a compensation claim was time-barred because the cause of action arose on 3 December 2022, but the suit was filed on 22 February 2024.
Plaintiff is the lawful owner of Plots 37 and 38 and the unsurveyed half-acre; the 2012 survey was not illegal as notice and participation were established; only the 2nd defendant encroached by one foot, not the 1st defendant; plaintiff must surrender old titles to receive new ones for resurveyed plots; compensation for the acquired half-acre must be assessed and paid; general damages are denied due to plaintiff's lack of cooperation.
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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 suit is time barred as the cause of action accrued in 2021 and the suit was filed in 2024, exceeding the 12-month limitation period for compensation claims against the government as established by binding Court of Appeal precedent.
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Applicants have demonstrated a serious triable issue regarding land ownership, risk of irreparable loss if demolition proceeds, and balance of convenience favors maintaining status quo. Temporary injunction is warranted pending inter partes hearing.
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The Appellant's pleadings and reliefs sought, specifically regarding compensation paid by TANESCO, made TANESCO a necessary party. The Tribunal was justified in striking out the suit for non-joinder of TANESCO, as effective adjudication was not possible without its presence.
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The High Court Land Division held that a compensation claim over road project acquisition was filed out of time and dismissed the suit with costs.
Consent judgment in a land case over compulsory acquisition and alternative plots. The plaintiff was to receive compensation and have ownership documents processed for two plots.
Plaintiff failed to prove ownership of the disputed land as the sale agreement lacked sufficient description and did not comply with legal requirements. The 4th defendant holds a valid Certificate of Title, and the plaintiff's compensation claim is time-barred and not properly pleaded. The suit is dismissed with costs.
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