Africa-Press – Tanzania. THE Registered Trustees of Winners Chapel International is in legal battle against 138 residents of Dar es Salaam over 48-acre piece of land located at Kwabedui area at Goba Ward, Ubungo Municipality, demanding 1bn/- damages.
The religious organisation (plaintiff) which conducts spiritual activities has lodged a suit against the residents (the defendants) before the High Court’s Land Division.
The complainant is demanding several reliefs, including payments of 1bn/- of which 700m/- foots general damages and the other 300m/- as punitive damages.
Already, Judge Fatuma Magimbi has issued an order for “status quo to be maintained” which temporarily restricts the defendants from undertaking any construction activities in the area in dispute.
The matter came for necessary orders on May 19, 2021. The parties appeared before the Registrar last Friday where advocate Emanuel Kessy, representing the plaintiff, from Makoa Law Chambers raised his concern on the trend by the residents of continuing to invade the land and carry out development activities, contrary to the court order.
However, the registrar directed the parties to reserve their submissions on the matter and address the same before the trial judge on the next session scheduled for July 6, 2021, as she was outside her office attending other official matters.
Apart from the monetary claims, the plaintiff requests for declaration that it was the lawful owner of contested land and that the residents trespassed on the land.
The Church wants residents to vacate the area and demolish all structures unlawfully erected and they be permanently restrained from trespassing from the land.
It is alleged that on May 21, 2004, the plaintiff was given the piece of land as a gift from a Pastor called Noel Mununa, who had bought the same from three different sellers sometime in 1989.
The plaint of the suit shows that the plaintiff has been lawfully occupying the areas for about 12 years without any dispute.
In 2016, the plaintiff made an application to the Ministry of Land and Municipal Authorities for survey of the land and the same was accepted and the area was surveyed.
Thereafter, it is alleged that the plaintiff applied thereafter for certificate of occupancy whereby he paid all necessary government fees and certificate of the occupancy fees.
However, in 2016, the defendants unlawfully with no justifiable cause and for the reasons best known by them invaded the land.
It is alleged that the defendants destroyed both seasonal and permanent crops therein by demolishing structures, removing the beacons in the area before taking matters in their own hands by reallocating the same to them.
As a result, the plaintiff reported the matter to law enforcement organs and other authorities responsible for land management before the defendants were directed to immediately vacate the land but chose to disobey.
It is stated that despite efforts done by the plaintiff to salvage the situation by arranging or conducting meetings through local authorities, including the Ward Executive Office, District Commissioner and Land Ministry, they ended in vain, as the defendants kept threatening to harm officers.
