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The High Court held that the plaintiffs proved customary ownership, unlawful acquisition, and entitlement to compensation for land taken for school construction.
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
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
The High Court held that the defendant had proved the disputed land belonged to Kigongoni Prisons and had been allocated for a slaughterhouse, dismissing the plaintiff’s suit with costs.
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