The suit came for mention before Judge Augustine Mwarija. The case was set for January 29, for hearing of an application for injunction, to restrain the defendants from carrying on demolition exercise and make any developments on plot pending determination of the main suit.
In the main case, the plaintiff (CCM trustees) are seeking a declaration that they are lawful owners of Plots number 2012, 2014 and 2035 Block D at Sinza area in Kinondoni Municipality. They are also requesting for orders for vacant possession of the pieces of land and payment of some damages.
They are further asking for permanent injunction, restraining the defendants, their agents, employees and all other persons acting for and under their instructions from entering upon, taking possession, selling, leading out the suit premises or doing any other prejudicial dealings.
“The plaintiff is the lawful owner of the plots, duly paying land rents assessed by the relevant authorities since 1980. The Plaintiff was authorized by Dar es Salaam City Council to be its caretaker because the land in dispute was an open space,” reads part of the plaint of the suit.
CCM registered trustees have attached to the plaint some letters of offer of right of occupancy for the plots, exchequer receipts being land rents and other documents to support their claims. It is alleged that in 1993, Mr Kawo unlawfully built a permanent structure, in plot number 2014 while he was still under temporary tenancy, worse still he did that without a building permit and, or permission from the plaintiff.
Thus, the court document alleges, he (Kawo) turned out to be the trespasser by using dubious means and hiding some facts and illegally changed the use of the land in question. On December 24, last year, the two defendants allegedly trespassed into the plots and demolished office buildings and constructed a wall surrounding the premises.
“The act of demolishing plaintiff building structures done by the defendants has caused loss of 5m/- which were kept in the office for office use, loss of properties and the plaintiff has suffered irreparable loss and reputation,” the plaint of the suit further states.