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Tanzania decisions
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The Court of Appeal dismissed a land appeal, holding the appellant had no valid title to land vested in the President as a planning area and was not entitled to compensation.
The High Court held that the disputed land had been planned for public use, so the plaintiff acquired no valid title and the council’s counterclaim succeeded.
Respondents are lawful owners of their respective pieces of land; appellant failed to prove ownership or compensation to original owners was effected; customary rights must be recognized and compensated when land is acquired or declared a planning area.
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Compensation must be paid to holders of deemed rights of occupancy before their rights are extinguished and land is validly allocated to another; failure to compensate means title does not validly pass. However, compensation for improvements made after the survey without justification is not due.
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