Mohamed v. Sefu (PC) Civ. App. 38-A-68; 3/6/71; Kisanga Ag. J.

Mohamed v. Sefu (PC) Civ. App. 38-A-68; 3/6/71; Kisanga Ag. J.

            The appellant occupied the disputed land in 1922 when it was allocated to him by the District Commissioner. In 1956 the boundaries of Moshi Township where extended to include the appellant’s land. The respondent then applied for and was granted a right of occupancy (for 10 years from 1967) over the land by the regional Land Office, Moshi. The appellant argued on appeal that the respondent took possession without paying compensation in respect of his properties which were on the land.

                        Held: (1) “Under section 11 of the Land acquisition Act No. 17 of 1967 which repealed the Land Acquisition Ordinance (Cap. 118), where the Government acquires land for a public purpose, such as in this case, the Minister for Lands on behalf of the Government pays compensation in respect of such acquisition if certain conditions are satisfied. It therefore follows that if the appellant was entitled to any compensation at all, such compensation would be payable by the Minister and not by the respondent to whom the land was re-allocated by the Government.” (2) Appeal dismissed.