Africa-Press – Tanzania. THE High Court in Dar es Salaam has dismissed the suit lodged by 44 residents of Shimo la Udongo, Kurasini area in Temeke Municipality, demanding additional 3.2bn/- compensation from the government for acquiring their land meant to implement a truck parking project.
Judge Immaculata Banzi ruled in favour of Temeke Municipal Council, the defendant, after the residents, who were the plaintiffs in the matter, had failed to prove their claims on the balance of probability.
“In the upshot, it is the findings of this Court that the plaintiffs have failed to prove their claim on the balance of probabilities and, consequently, the suit is accordingly dismissed. Each party shall bear its own costs,” she ruled.
During hearing of the suit, the plaintiffs had contended that they were not involved in the evaluation process done by the defendant, a process that resulted in inadequate, unfair and unjustifiable compensation and that they were entitled to be given alternative plots.
Having carefully considered the evidence from both sides, it was the decision of the judge that the claim by the plaintiffs that the valuation was not properly done and that they were not involved in the process is unfounded because of various reasons.
She said that, according to the valuation process mentioned by the valuer, it was very clear that there are two stages where the victims are involved, which include sensitisation and identification of the area in question.
In these stages, the judge noted, the plaintiffs admitted to be involved in the public meeting and they showed their respective areas and that the valuation report was signed by relevant persons and approved by the Chief Government Valuer as required by law.
“Basing on that, it is my finding that the plaintiffs were involved in the process of valuation which was conducted in accordance with the law. Apart from that, the act of receiving and accepting the amount of compensation is a clear proof that (they) were satisfied with the entire process of valuation,” she said.
Judge Banzi added that the evaluation report shows that compensation paid to all 161 persons including the plaintiffs included unexhausted improvement, disturbance allowance, transport allowance, accommodation allowance as well as eight percent interest for delay.
She pointed out that the calculation in respect of everything was conducted at the rate provided under regulations 5 and 6 of the Land (Assessment of the Value of Land for Compensation) Regulations, 2001, GN No. 78 of 2001.
For instance, the judge further observed, one of plaintiffs was paid a total sum of 189,768,300/- as compensation and 15,181,464/-as interest for the delay.
“Thus, it is the considered view of this Court that the claim by the Plaintiffs that they were underpaid is baseless and an afterthought with a desire to get more because they did not bring any valuation report to substantiate their claim,” she said.
The plaintiffs were among 161 persons who were affected by the lorry parking project at Kurasini area in Temeke Municipality, Dar es Salaam Region.
Their land and other properties at Kurasini Shimo la Udongo area in Temeke district were acquired for the project. It was not in dispute that all plaintiffs received compensation. Their complaints claimed that they were not adequately compensated.
The plaintiffs were claiming for payment of 3,198,514,511/-as balance of the compensation paid to them for vacant possession of their properties. The particulars of their claims show that they were paid less than what they were expected to receive as compensation including being allocated alternative plots.
They claimed that there was a delay in payment as valuation was conducted in 2013 and they received their payment in 2015. The defendant on the other hand, strongly opposed the suit claiming that, since there was no promise of given alternative plots, the plaintiffs were adequately compensated.
The defendant had contended, in addition, that the plaintiffs were duly paid eight percent as an interest for the delay of payment in accordance with the law.
