IN THE DISTRICT LAND AND HOUSING TRIBUNAL OF
KINONDONI
AT KINONDONI
LAND APPLICATION NO. ……… OF 2006
T SAND AND STONE QUARRIES LTD …….APPLICANT
VERSUS
JS t/a J.S. SUTU INVESTMENT ……RESPONDENT
_____________________________
APPLICATION
_____________________________
The applicant above-named states as follows:-
1. The applicant is a Limited liability Company, registered under Cap
212 of the law and its address for service for purposes of this
proceeding is in the care of MAI & Co., Advocates, Ocean Road, P.O.
Box 3333, Dar es Salaam.
2. The respondent is a natural person, trading in the name and style of
JS. Sutu Investment and its address for service for purposes of this
proceeding is P.O. Box 4543, Boko Mwembe area, Bagamoyo Road,
Dar es Salaam.
3. Location and address of the suit premises: an unsurveyed land at Boko
Mwembe area, Bagamoyo road, Kinondoni, Dar es Salaam
4. Estimated Value of the suit Property: Five Millions Tshs.
5. Monthly rent : N/A
6. (a) Cause of Action/ Brief statement of facts constituting the Claim:
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a). The applicant’s claim against the respondent is a perpetual injunction
restraining the respondent, his agents, or servants from evicting or
disturbing the Applicant from an unsurveyed land at Boko Mwembe
area, Bagamoyo road, Kinondoni Dar es salaam and for specific and
general damages amounting to Tshs. 50,000,000.00 for the wrongful
interference with the lease by way of removal of aggregates and sand
stones therefrom, without the consent of the applicant and for loss
suffered as a result of removal of more than hundred trips of
sandstones and aggregates by the respondent.
b). On or about the 26th July 2005 the applicant entered into a Lease
Agreement with the respondent for lease of land for mining of
aggregates and sandstones at Boko Mwembe area, Bagamoyo Road,
Kinondoni and the applicant paid Tshs. 5,000,000/= in consideration
thereof. Herewith are copies of payment vouchers and the Agreement
marked collectively “A”.
c) Accordingly on 10th February 2006, the applicant expended various
sums of money for mobilization of labour, power and machinery as
well as a low loader for transporting heavy plants from Kunduchi
area to Boko Mwembe area for installation at the leased premises, and
has since then, lawfully carried out its excavation activities.
d) Upon arrival at the premises, the applicant noted that a 51.4 metres x
45 metres x 2 metres, of land that is 4,626 M³ has been excavated and
taken away, and on enquiry, the respondent denied knowledge.
e) On denial, the applicant reported the matter to Police on 11 th February
2006 who on investigation, arrested the respondent on 13th February
2006 in connection thereof and on arrest, the respondent conceded and
confessed to have allowed other excavators to mine aggregates
therefrom and that over 100 trips had been removed.
f) That the respondent pleaded with the applicant, who withdrew the
charges and the respondent undertook to compensate the applicant of
the removed sandstones by giving an alternative area or payment of
compensation but the respondent has renegaded from his undertaking.
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g) The cause of action is founded on the invasion and removal of
sandstones and aggregates belonging to the applicant along Bagamoyo
road, Boko Mwembe area, Kinondoni, Dar es salaam, which cause of
action accrued upon respondent’s breach of the Agreement entered
between the parties, which Agreement the respondent threatens to
wrongly rescind, without repayment of rentals paid in advance, and
without paying the value of the removed aggregates and sandstones at
Boko Mwembe area, Bagamoyo Road, Kinondoni District, and
without paying for mobilization costs and loss of income and the
reliefs claimed are, Tshs. 50,000,000.00 and any amount entitled over
and above it, as well as injunctive and declaratory orders hence this
Tribunal has the requisite jurisdiction.
b) List of relevant documents to be annexed:
(i) Agreement dated 26th July 2005
(ii) Payment vouchers
(iii) Notice of vacant possession
(iv) Undertaking to compensate the applicant for loss suffered
7. Relief Claimed: An Order for;
(a) Tshs. 50,000,000.00 being specific and general damages as per
paragraph 6(a) above.
(b) Interest on (a) above at the rate of 20% p.a from the date when
the cause of action arose to the date of payment in full.
(c) Perpetual injunction restraining the respondent, their servants,
or agents from evicting the applicant from the unsurveyed area
at Bagamoyo Road, Boko Mwembe area, Kinondoni, Dar es
Salaam as per paragraph 6 above.
(d) A declaratory order that the applicant is the lawful tenant of the
unsurveyed area measuring 5 acres at Bagamoyo Road, Boko
Mwembe area, Kinondoni Dar es salaam as per paragraph 6
above.
(e) Costs of the proceedings.
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(f) Such other or further relief as the Tribunal deems fit and just.
Dated at Dar es Salaam this ……………… day of ………… 2006
……………..………………………
PRINCIPAL OFFICER OF THE
APPLICANT ABLE TO DEPOSE TO
THE FACTS OF THE APPLICANT
VERIFICATION
I, ……………………., being the applicant in this case, hereby verify/certify
that what has been stated in paragraphs 1, 2, 3, 4, 5, 6 and 7 above is true to
the best of my knowledge.
…………………………..…………
PRINCIPAL OFFICER OF THE
APPLICANT ABLE TO DEPOSE TO
THE FACTS OF THE APPLICANT
Fees paid Tshs. …………. …ERV No. …………………..Dated
……………
Presented for filing this ........... day of .........…………….. 2006.
……………….....................................
.
CLERK OF THE TRIBUNAL
To be served upon:
Drawn & filed By:
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