Lect 5 Acquisition of Land

COURSE: LAND LAW
COURSE CODE: LW 214

TOPIC: LAND ACQUISITION AND INCIDENTS OF
LAND COMPESATION
DATE: 05/01/2105
NAME: KHAMIS F. ABDALLA
ZANZIBAR UNIVERSITY
Land Policy
 National Land Policy, it acknowledges that statutory law gives

power to the President to acquire land for public purposes or for
redevelopment.
 It further provides that such power is necessary for the
Government to be able to get land for development projects.
Land Policy
 The President's powers to acquire land for public interest is

crucial to be maintained. Although it is appropriate for the
reasons of acquisition.
 Due to the absence of a clear legal definition of public interest it
is important for it to be stated by law.
 To ensure fairness acquisition of land in the public interest should
be capable of being challenged in a court of law.
 The reward for acquisition in the public interest should be
compensation based on the principle of opportunity cost.
Statute on Acquisition
 The Land Acquisition Act No 47/1967 Cap 118 RE 2002

 This Act provides the legal basis and procedure for acquiring land
in Tanzania.
 It allows the President to acquire any land for any term for
“public purpose”.
Public Purpose
 Includes:
I. Exclusive Government use, general purpose use, use for
Government scheme, use for development of agricultural land,
sites for industrial, agricultural or commercial development,
social services or housing Government use.
II. Use in connection with sanitary improvement
III. Use in new city, municipality, township or minor settlement or
extension or improvement of any existing city, municipality,
township or minor settlement
Public Purpose
IV. Use in connection with the development of airfield, port or

harbor.
V. Use in connection with mining for minerals or oils.
VI. Use by a person or group of persons who in the opinion of the
president, should be granted such land for agricultural
development.
VII. Construction for public utility
Patman Garments Industries Ltd v Tanzania
Manufacturers Ltd [1981] TLR 303
 Both parties in the High Court claimed to be a lawful occupiers of

Plot No. 94 situated at Kipawa Industrial area at Dar es Salaam
 But the Government revoked the land and was given to another
person.
 Patman appealed to the Court of Appeal and the Court of Appeal
said that even though the President has got power to revoke the
land but he should do very fairly.
 The President did not make fair so the land given back to the
Patman. Appeal allowed and the appellant are the rightful owner
of the Right of Occupancy over the plot in question.
Compensation of Land Rights
 The property is to be taken or expropriated need to be paid

compensation. The amount of compensation has to be
proportionate to the property. Such compensation must also be
prompt .
 Private property without prompt and fair compensation
contradicts any just system of natural justice (requirement of
law).
Compensation of Land Rights
 Article 24 of the URT Constitution is couched along the same

justification that every person is entitled to own property and has
a right to the protection of his property in accordance with law.
 Any deprivation of such property which does not abide to the law
is unlawful.
Salum Juma Mzeru vs Omari
Ubaya (1984) TLR 31
 The respondent built on the plot of land belonging to the appellant. The
respondent was asking for compensation because he did not know that the
plot on which he was building had an owner and that he had his letter of
offer for the same plot.
 The appellant on the other hand argued that the respondent was not entitled
to any compensation because he was building on another person's land
without even a building permit and had to be stopped from doing so by
arresting his workmen on the plot.
 It was held that there was no reason for compensation since it was not
equitable to force the appellant to take a building he did not want. Since the
respondent had developed land and since there was no compensation, the
respondent could demolish his building and carry away his building
materials.
Acquisition and Statutes
 The Land Acquisition Decree, Cap. 95, which provided for the
compulsory acquisition of land for public purposes.
 The Acquisition of Land (Assessment of Compensation) Decree,
Cap. 96; amended the law as to assessment of compensation in
respect of land acquired compulsorily for public purposes and
proceedings thereon.
 It also provided for the establishment of compensation Board.
Land Tenure Act
 Currently, The Land Tenure Act No 12/1992 applied in respect of

Land Acquisition in Zanzibar.
 It shall be unlawful for a right of occupancy to be terminated.
Section 55.
 The Government may terminate any right of occupancy on
grounds of national interest. Sect 56.
Conditions to terminate for
Public Interest
 Prove before the Lands Tribunal that clear and convincing
reasons exist for the repossession of such right of occupancy.
 Pay market value compensation for the land and any
unexhausted improvements thereon.
The Current Position
 Fundamental principles of Land Policy that full, fair and

prompt compensation has to be paid to any person whose
right of occupancy (including recognized long standing
occupation or customary use of land) has been revoked or
interfered.
 The notion or belief that land has no value has been a hindrance
to offering land as a share during negotiations to create joint
ventures in various projects and for developing appropriate
procedures for determining land rent and land based taxes.
 This notion is wrong because land has scarcity value and that is
why land markets have evolved in urbanizing areas and in
densely populated regions throughout Tanzania.
 Hence land has value and land values will be recognized in all
transactions involving land and in the assessment of land rent.
 Land is offered as a share and contribution to joint ventures or

investment projects, value will be assessed depending on the
use and location of the land and the intrinsic quality of the land
in question.
 Recently Zanzibar passed the Valuers Act to administer the
valuation transaction.
Compensation in Cases of
Compulsory Acquisition for
Public Purpose
 The Land Acquisition Act in assessing compensation for any
acquired land the Minister or Court must consider the
followings:-
 The value of the land at the time of the publication of the notice
of acquisition.
 The value of the land should be taken or considered separate to
that of any improvement or work constructed but not
improvement to be made of the purpose for which the land is
acquired.
Public Purpose
 The Land Act stipulated that every person lawfully occupying
land under a right of occupancy whether right of occupancy was
granted or deemed to have been granted, or under customary
tenure, deemed to occupy and has always occupied that land.
 The occupation of such land shall be deemed to be property and
include the use of land from time to time for despasturing stock
under customary tenure.
Public Purpose
 Compensation for land acquired on:-
i. Market value of the real property
ii. Disturbance allowance
iii. Transport allowance
iv. Loss of profits or accommodation
v. Cost of acquiring or getting the land
vi. Any other loss or capital expenditure incurred to the
development of the land.
Public Purpose
 Compensation exclude certain items or qualities in the assessment
of compensation.
 Complaints on compensation are centered on inadequate rates and
disregard for alternative assessment techniques.
 Delays in paying compensation are also a main concern of many
people.
Land (Compensation Claims) Regulations
 In 2001 the Government issued GN 79/2001 based on

Compensation against the Government or local government
authority, any public body or institution. The persons who can
apply for compensation are as:-
- The holder of a granted right of occupancy in respect of general
or reserved land which is transferred to village land.
Land (Compensation Claims)
Regulations
- The holder of a granted customary right of occupancy in respect
of land which is declared to be hazardous land
- The holder of a customary right of occupancy where the land
becomes the subject of a granted right of occupancy in favour of
another person and such holder is moved or relocated.
- The occupier of land which he has obtained under or as a
consequence of a disposition.
- The occupier of land in any urban or peri-urban area where such
land is acquired by the President.
Compensation and Notice
 Before compensation the commissioner or the authorized officer

must cause a notice to be published on a public notice board and
serve a notice in a prescribed form.
 The notice should contain contents which must be complied with
for the said order.
Content of notice
I. Notification to the occupier of the land that his land is subject

of compensation
II. Requiring the occupier to submit his claim for compensation
III. Requiring the occupier to appear physically on specified date,
time and place where assessment will be done
National Bank of Commerce vs.
Suleiman Nassor Ally (1989)
TLR 67
 The appellant, the National Bank of Commerce, was allocated a
parcel of land owned earlier by one Suleiman Nassor.
 The respondent, eldest son of the deceased claimed lawful
ownership of the parcel of land and sued the appellant in the
Resident Magistrate's Court for trespass.
 The appellant was allocated the land after the President, through
the Minister for Lands, had given notice, which was published
in the Official Gazette, of his intention to acquire this particular
piece of land for public purposes.
Held
 The trial and the first appellate courts were satisfied that notice of
Acquisition was not completed and so there was no acquisition in
law, and therefore the land still belonged to the former owner.
 The Court of Appeal of Tanzania construed the relevant
provisions of the Land Acquisition Act, No. 47 of l967 and
amendment thereof contained in Act No. 25 of l968 that section 5
of the Act empowers the Minister responsible for lands to
authorize any person to enter land with a view to examining it
after the President had formed an intention to acquire it.
Held
 In certain cases, three days notice to the occupier is deemed by

the Act to be enough to enable such person to enter the enclosed
space attached to a dwelling house.
 The President and all persons authorized by him shall be entitled
to enter into and take possession of such land accordingly.
Cases to revise
I. Director of Land and Mines v Sohan Singh [1951] 1 TLR 631

II. Premji v Calico
III. Anna Benedict v Sefu Mrisho [1977] TLR 36
IV. Hamisi Sinahela v Asan Mbele, Civil Appeal No 12/1973
[1974] TLR 28
V. Prem Natau v Land Officer (1962) EA 738
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COURSE: LAND LAW

COURSE CODE: LW 214

 National Land Policy, it acknowledges that statutory law gives

 The President's powers to acquire land for public interest is

 The Land Acquisition Act No 47/1967 Cap 118 RE 2002

IV. Use in connection with the development of airfield, port or

 Both parties in the High Court claimed to be a lawful occupiers of

 The property is to be taken or expropriated need to be paid

 Article 24 of the URT Constitution is couched along the same

 Currently, The Land Tenure Act No 12/1992 applied in respect of

 Fundamental principles of Land Policy that full, fair and

 Land is offered as a share and contribution to joint ventures or

 In 2001 the Government issued GN 79/2001 based on

 Before compensation the commissioner or the authorized officer

I. Notification to the occupier of the land that his land is subject

 In certain cases, three days notice to the occupier is deemed by

I. Director of Land and Mines v Sohan Singh [1951] 1 TLR 631

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