Tanzania: The government wins against 5 billion / – Compensation

The High Court (Mtwara Registry) dismissed a lawsuit filed by a local investment company, Indo-African Estates Limited, against the Attorney General (AG) and three other defendants, demanding a compensation of 5 billion euros Twaib Fauz, High Court Judge, ruled in favor of the defendants, including the Minister of Land Development and Human Settlements, the Regional Commissioner for the Lindi Region and the Commissioner of the district. for Lindi District after receiving an objection from the accused to the effect that the prosecution was time barred.

The judge noted from the facts of the case that, as the State Prosecutor Abdulrahman Mohamed "Under Article 6 of Part I of the Annex of the Limitation Act, an action in tort must be instituted within three years from the date of

It is an established principle of law that the parties are bound by their pleadings " said Dr. Fauz in his recent judgment. In the complaint, he noted that the Indo-African Estates Limited, as plaintiff, stated that the invasion of his lands of 3,501 acres had occurred in 2004.

The judge therefore ruled that the lawsuit was filed 11 years later in October. 2015 was desperately out of time

He pointed out that perhaps the position could have been more favorable to the plaintiff had he joined the villagers in a case based on property and land occupation , which would have constituted the case According to him, without the villagers, who would have been the necessary parties in such a case, the prosecution remained a criminal case and could not be based on a dispute over land held with a such dispute. Dr. Fauz pointed out that the government, which allegedly incited the villagers to invade the farm and the alleged invaders, occupied and carried out activities on the farm should have been part of the case for a conclusive determination of the land dispute .

"It is obvious that the reason this complaint was filed is the alleged invasion of the villagers, otherwise there would have been no trial, it seems to me that the plaintiff is pursuing the bad parties at the wrong time at the wrong time, "he ruled.

Dr. Fauz concluded that the lawsuit against the parties was based on a tort and that it was late, he was forced to support the preliminary point of objection and to "dismiss the prosecution under section 3 (1) of the Limitation Act [Cap 89 (R.E 2002)] to be time-barred."

The facts show that Indo-African Estates Limited is and has been the legitimate owner of the farm popularly known as Mkwaya Farm.

The company claims to have owned and used the farm to grow sisal and cultivated it for many years.

The Tanzania Cashew Authority (CATA), whose functions were later assigned to the Tanzanian Cashew Office, expressed its intention and commitment to the project. 39 buy or buy the farm to create a cashew nut plantation.

As part of its preparation CATA uprooted all planted sisal and, at the time, the plaintiff was asked to wait for compensation.

But the CATA later informed the plaintiff that the purchase of the estate had been abandoned for unforeseen reasons. In 1980, the government showed the intention and commitment to buy the farm to establish a college of agriculture.

However, he never kept his promise. In addition, in the 1970s, the government registered a village on behalf of Mkwaya, whose boundaries extended near the claimant's farm.

The population of Mkwaya village has increased and demand for land has increased. The only land available was the plaintiff's farm.

As a result, in 2004, villagers began to encroach on the farm. It is this intrusion that resulted in a land dispute, which was the subject of the lawsuit.