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The High Court allowed a land appeal, holding that a residential license had expired and did not prove the 2nd respondent’s personal ownership.
Plaintiff proved ownership of 472 square meters via residential license; only 215 square meters were acquired and compensated, including improvements. Remaining 220 square meters were not acquired and plaintiff is entitled to compensation if government acquires it. Plaintiff not entitled to further compensation for demolished buildings as he was fully compensated.
Source excerpt
The Commissioner for Land, Registrar of Titles, and Kigamboni Municipal Council are necessary parties due to their roles in issuing the conflicting documents of title and residential license over the same land; without their joinder, the Court cannot pass an effective decree. The mandatory 90 days' notice under the Government Proceedings Act cannot be dispensed with at this stage.
Source excerpt
The High Court allowed a land appeal, finding the appellant’s evidence stronger and holding that the respondent had trespassed onto the disputed plot.
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