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Tanzania decisions
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The High Court at Musoma overruled a preliminary objection that the land compensation suit was time-barred, finding that limitation turns on evidence about when the cause of action arose.
A Tanzanian High Court land case partly enforced an earlier judgment on admission, but dismissed the plaintiff’s remaining compensation and damages claims for lack of proof.
The failure to join Mbeya Municipal Council, the land allocation authority, as a necessary party was a fundamental procedural error that vitiated the proceedings and judgment of the District Land and Housing Tribunal. Without joining the necessary party, the tribunal could not properly determine the dispute or afford all interested parties the right to be heard.
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The appellants were not paid the requisite compensation for their land, as the payment was made to the second respondent and not to the actual landowners. The first respondent is not entitled to acquire the appellants' land without proper compensation and consultation. The trial tribunal's decision was erroneous and is set aside for the appellants.
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The court held that filing of witness statements does not mark the commencement of hearing under the Civil Procedure Code. Inspection of documents, including the valuation report, may be ordered at any stage if relevant to the issues. The defendant failed to provide sufficient grounds to waive or vary the previous order granting plaintiffs access to the valuation report. The plaintiffs are entitled to access and peruse the valuation report to the extent it concerns them.
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The High Court granted leave to issue a third-party notice against Morities Corporation Ltd in a land dispute, finding the claim connected to the same compensation transaction.
The court found that the applicant was not properly served with summons for the reading of the assessors' opinion and judgment, and that the affidavit of service was defective. The applicant accounted for the delay upon becoming aware of the decision. In the interest of justice, the application for extension of time was allowed.
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The suit is res judicata because the subject matter, parties, and issues are the same as in the previous suit, which was finally determined by dismissal. The plaintiff's claim for a declaratory order is related to the compensation claim previously dismissed, making the present suit a constructive res judicata.
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The suit is time barred as it was filed 17 years after the cause of action arose, violating the one-year limitation period for compensation claims under the Law of Limitation Act.
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The petition was struck out as incompetent because the petitioners failed to comply with section 4(2) of BRADEA by not filing affidavits from each petitioner demonstrating personal effect of the alleged violations, and because they failed to exhaust alternative remedies available under other laws before invoking the Basic Rights and Duties Enforcement Act.
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