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Court orders govt to pay peasants sum of 1bn/-
2006-12-24 09:44:57
By Correspondent Timothy Kahoho
The High Court of Tanzania has ordered the government to pay compensations amounting to one billion shillings to 1,288 peasants in Tanga Region.
Judge John Mkwawa of High Court at Tanga ordered the government through the Attorney General (AG) to pay the peasants of Korogwe and Muheza districts in Tanga Region, a total of 546,961,490/= plus interest of nine per cent per annum from September 6, 1999, until final payment, as well as the costs of the suit.
The order of the trial judge enabled a counsel for the peasants, Moses Maira, to file on 15th December 2006 a certificate in the court for the government to pay them a lump sum of Sh.1,047,021,032.25 (1.047bn/=) as of December 12, 2006.
However, Judge Mkwawa had delivered his judgment on May 3, 2005, in a Civil Case No.15 of 1999 following failure of the government to pay 80 per cent of the value of the peasants’ properties in 1993, under agreement between the Government of Tanzania and Government of Finland.
The suit was between the peasants of Korogwe and Muheza districts, who were represented by Maira, on one part, and the AG for the Government of the United Republic Tanzania, on the other.
Judge Mkwawa said the government should have paid the peasants of both districts in accordance with the agreement between it and the Government of Finland for compensation for their houses and farms so as to vacate the land for a project of expanding Forest Conservation sponsored by the Government of Finland through Finish International Development Agency (FINIDA).
The decision of the trial judge was based on the promises of the government to pay them in accordance to letters Ref. PMC/1/C.210/4 dated February 3 and 8, 1996, and SHC/T.100/41 dated March 13, 1996.
Another letter was with Ref. No. J/C.60/4/2328/18 of August 2000, from the office of AG, while the suit was pending before Judge Mkwawa.
The Government of Tanzania had entered into the agreement with Finnish Government to remove the peasants from within the Forest Conservation between the two districts for the purpose of developing the forest.
He said that while the Finnish Government had fulfilled ist contract by paying them a total sum of 140m/=, the Government of Tanzania was reluctant to pay 546,961,490/= on pretext the peasant had surrendered their compensations to the government as sign of showing their patriotism and love of their nation.
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