Dungu Farm and Dairy Limited vs Mission With Christ and Another (Civil Case No. 75 of 1998) [2000] TZHC 111 (27 October 2000)

) IN THE HIGH COURT OF TANZANIA DAR ES SALAAM DISTRICT REGISTRY AT DAR ES SALAAM CIVIL CASE N0.275 OF 1998 DUNGU FARM AND DAIRY LIMITED • • • • • • . . PLAINTIFF VERSUS MISSION VHTH CHRIST •••.••••••••• 1ST RESPONDENT REV. JOSEPH PAUL CHOI •••••••••• 2ND RESPONDENT J UD G M E N T I,3UBESHI, J: The plaintiff company filed a claim for damages against the defendants as a result of the latters trespass over the plaintiff farm at Kisarawe. The defndants have neither attended court nor filed their written statement of defence despite service of summons through - publication. --~ I allowed therefore the plaintiff to proceed exparte by oral evidence. Anasi Shayo the Director of Dungu farm testified that they own the farm vide Sertificate of Title No.19874, L. o. 12215 •. Cer£ied Title was tendered in court as Exhibit P 3. 'rhat they started the farm in 1975 where they were engaged in both diary and a-2:ricultural activities" He added that in 1990 thedefendants started encroaching on their farm and actually settled in one of the houses along the beach and also constructed a _ ... :,.:nee to stop people from passing through to the beach., The witness added that they protested against that invasion. both orally and through letters. That even the Ministry of Lands addressed a letter to the defendants ordering theLl to stop but that the latter paid no heed. ;E:(-: .!?J:.:t I P 1' and 'P 2' were tendered in court in this ".'egard,, IPW 1 also testified in court that the property in question has now been acquired by the Government si"Ce 2/7/2000, under the the provisions of the Acc,.uisi tion of L.ands Act No.47 /1967. He prayed for ths court to enter judgment as prayed for in the plaint • • . •/2

2 Having considered the plaintiff's claim, this court grants the following reliefs~ (a) general damages of TShi8.3,000,000 for trespass committed on the farm by the defendants, (b) interest from. date of filing to date of judgment at 20%, (c) interest from date cf judgment to final payment at 7% courts rate, (d) costs. Prayers (a) - (c) in the plaint are no longer ' relevant in view of the take over of the land by the government. </[,· ;) ... f} f Jt,U(7V .-k:D.4 A. G.BUBESHI JUDGE

27/10/2000 Court: Judgement read over by F. s. K. Mutungi DR-HC in the presence of counsel Rutakyamirwa for the plainffs but in the absence of the defendantso Sgd: F. S. K. MUTUNGI DEPUTY REGISTRAR Z//10/2000 '