Court orders eviction of religious gathering

THE District Land and Housing Tribunal has ordered the Dar es Salaam Special Police Zone to evict the Registered Trustees of Masjid Sheikh Albani from a four-storey building where Muslim believers conduct religious prayers.

The Chairperson of the Tribunal for Temeke District, Ms Amina Rashid, issued such command as part of enforcement measures of a decree issued by the Tribunal in favour of one Rayah Salum Mohamed, who was suing by virtue of General Power of Attorney from Sheldell Ghulam.

“You are commanded to assist Yono Auction Mart to execute the decree of this Tribunal in peaceful and orderly way as it seems that there is a breach of peace. Provide police officers to ensure no breach of peace during the execution process.

It is so ordered,” reads part of the execution order. Already the Dar es Salaam Special Police Zone Commander has directed the Temeke Regional Police Commander to dispatch sufficient number of police officers to supervise the execution exercise to be carried out on the property situated along Plot No. 28 Block C and hand over the same to Rayah Mohamed, the decree holder.

In the order, the Tribunal has further commanded the Tribunal Broker to collect from the Registered Trustees, the judgment debtor 40m/-as general damages and the original certificate of the building estimated at a value of about 300m/-and give the same to the holder of the decree.

Before issuing the eviction order, the Chairperson granted a summary judgment after dismissing the application by the judgment debtor for leave to defend the suit filed by the decree holder.

She ruled that the judgment debtor failed to raise any triable issue, enabling them to defend the matter. The judgment debtor has rushed to the High Court’s Land Division by way of revision having been dissatisfied by the dismissal order.

However, the decree holder has objected to the hearing of the revision proceedings on grounds of none citation of law and that they were prematurely filed.

In the judgment, the Tribunal ordered all religious activities carried out on the disputed area to be banned for being contrary to the conditions of use of the certificate of occupancy as was issued by the Ministry of Land, Housing and Human Settlement Developments.

The Tribunal ordered the judgment debtor or their agents to return the original certificate of the plot in question immediately to the owner, Sherdell Ghullam through the power of attorney of Rayah Mohamed and later vacate the building and leave the possession of the same to the decree holder.

According to the judgment, the debtor are to pay as general damages 40m/-to the decree holder for illegal occupation of the building and that Yono Auction Mart and Court Broker was appointed to assist in handing over of the property in dispute or remove the judgment debtor therein.

Going by the documents lodged by the decree holder, the judgment debtor’s rights to occupy and use the building and the land in dispute was subject to terms and conditions stipulated in the WAKFU Agreement, while the donor had no intention of transferring the properties ownership.

It would appear from court documents that the judgment debtor had acquired title to the house by way of gift inter-vivos and it was open for the decree holder to revoke the gift upon violation of the terms and agreement of WAKFU.

A gift inter vivos is a legal term that refers to a transfer or gift made during the life of the grantor.

Inter vivos gifts, which include property related to an estate, are not subject to probate taxes since they are not part of the donor’s estate at death.

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