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Tribunal restrains broker from evicting occupants, demolishing houses
2008-05-06 10:06:57
By Correpondent Rosemary Mirondo
The Kinondoni District Land and Housing Tribunal at the end of last week restrained court broker Adili Auction Mart from evicting occupants and demolishing houses located at Boko Magereza area on the outskirts of Dar es Salaam.
It is alleged that the houses were bought by some government officials from the National Housing Corporation (NHC).
Chairman of the Tribunal David gave the order pending determination of an application for revision lodged by Ester Bernard Komba and others to challenge orders given by the Boko Ward Tribunal against them.
Some of the government officials whose houses were earmaked for demolishing are Dr Asha-Rose Migiro, Mwantumu Malale, Amina Salum Ali, Salome Kaganda.
Their advocate, Joseph Tadayo, said they are asking the District Tribunal to call for proceedings of the Ward Tribunal for the purpose of satisfying itself on their correctness, legality and propriety and later revise them and quash the orders given.
The hearing of the application is expected to start on May 15, this year.
Meanwhile, in her affidavit to support the application, Komba stated that on diverse dates, the applicants purchased from the NHC houses in their state known as Bako Magereza.
The houses are spread over Farm No. 1854, Block B, Boko area in Kinondoni District. Prior to executing sale agreements they were shown letter of offer number LD/164666/28 to adduce that the NHC has been in possession of the farm for 99 years.
After executing the sale agreements and consideration thereof furnished, the applicants moved with their families into the houses and they have done substantial improvements in the premises adding value to the property.
On April 16, this year, they read on a daily tabloid that their houses would be demolished following a decision of the High Court`s Land Division against the NHC and the court broker served them a 14-day notice threatening to demolish the houses.
Upon conducting an inquiry from the NHC they were informed by the corporation`s chief counsel, Victoria Mandari, that one Peter Kassidi, Hamis Luswaga and Christopher were holding a decree of the Boko Ward Tribunal.
The three obtained the decree against one Joseph David Hayila who was said to be the original owner of the farm where the applicants` houses are located.
She stated that they were never parties to any proceedings before any court in relation to the farm.
According to her, they became aware of the existence of such proceedings on April 16.
It would, therefore, be in total conflict with rules of natural justice if such decree would be executed against them while they were not party to such proceedings.
Furthermore, apart from violation of rules of natural justice, the ward exceeded its jurisdiction because the value of the subject matter was by far above its pecuniary jurisdiction. The constructed houses are worth over 1.3bn/-.
Therefore, she stated, they asked the District Tribunal to interfere because if the decree would be executed, the applicant would suffer irreparably because the land constituted their family residences and they do not have alternative accommodation.
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