MZUMBE UNIVERSITY

MBEYA CAMPUS COLLEGE

DEPARTMENT OF ADMINISTRATIVE STUDIES
STUDENT'S NAME : ARAFA IDD BUNKU
REGISTRATION NUMBER : 2631187/T.22
LECTURER NAME : MR KAMRU
SUBJECT NAME : LEGAL WRITING AND DRAFTING.
PROGRAME : LLB II.
SUBJECT CODE : LAW 231
WORK TASK : INDIVIDUAL ASSIGNMENT.
SUBMISSION DATE : 30/05/2024
QUESTION
IMBAA MASUSU comes to you and narrated the following story;
"I am a resident of Itezi Ward in Mbeya. XYZ Company Limited has issued me a notice to
vacate the land (30 days notice), claiming that it was allocated to them by the Mbeya City
Council in 2016. This land has been in my family since the 1940s, originally owned by my
great-grandparents, and we have continuously owned it since then. No compensation has
been paid to me. When I visited the City Council, I was informed that all land in Tanzania
is public land and can be allocated to anyone. They said that since I did not process a title
deed, I have no rights over this land. My land consists of one acre, which I use for
residential purposes and keeping livestock."
Required;
(a) Suppose you are an intern at Jembe Advocates, write a legal opinion on way
forward on Masusu’s matter and the possibility of securing a court order to
maintain status quo.
(b) Prepare a demand letter.
 JEMBE ADVOCATES
Advocates, commissioners for oaths, notaries public and juris consults
(Specialist on litigation/consultants)
Qrt house 3rd floor Mwanjelwa P. O. box 711 Dar es Salaam
Tel: Mobile: 0723342334, 0775443333

30th May, 2024

IMBAA MASUSU
P.O Box 5
ITEZI- MBEYA

Dear Sir,
RE: LEGAL OPINION ON WAY FORWARD ON MASUSU’S
MATTER AND THE POSSIBILITY OF SECURING A COURT
ORDER TO MAINTAIN STATUS QUO
1. FACTS
IMBAA MASUSU a resident of Itezi Ward in Mbeya on unmentioned date XYZ Company
Limited has issued me a notice to vacate the land (30 days notice), claiming that it was
allocated to them by the Mbeya City Council in 2016. The land that has been in my family
since the 1940s, originally owned by my great-grandparents, and we have continuously
owned it since then.

2. LEGAL ISSUES

2.1 Whether Masusu had any way forward in regarding to the circumstance given
in the scenario

2.2 Whether there is possibility of securing a court order to maintain status quo.

3. LAWS APPLICABLE
a) The Land Act [Cap 113 RE 2019]
b) The Village Land Act [Cap 114 RE 2019]
c) The Civil Procedure Code [Cap 33 RE 2022]
4. DISCUSSION OF ISSUES
4.1 Whether Masusu had any way forward in regarding to the circumstance given in
the scenario
From the scenario given and in regard to the provision of section 34(3) of the Land Act a
customary right of occupancy can be uprooted in favour of the granted right of occupancy.1
Also the provisions on planning under the planning law the Town and Country planning
Act still provide room for declaration of planning schemes in areas where customary rights
exists. Once that happens the only available remedy to the victims is to fight for
compensation. From that circumstance Masusu and the fact given in a scenario Masusu had
fight for compensation unsuccessful regardless to proof before the city council that the said
landed property has been in my family since the 1940s, originally owned by my great-
grandparents, and we have continuously owned it since then
Also section 18 of the Village Land Act provide among of the features of land obtain under
customary right of occupancy which is liable, to acquisition by the state for public purposes
in accordance with any law making provision for that action subject to the prompt payment
of full and fair compensation but in referring to the given scenario Mr. Masusu had
unsuccessfully claim for compensation to city council.2

4.2 Whether there is possibility of securing a court order to maintain status quo.
As provided from the scenario, the court cannot merely grant temporary injunction to the
party that has made the application of such orders to the court. When it is said that the court
is conscious, means the court is aware of the existence of remedy of temporary injunction.
The court has to caution its self of the danger of granting temporary injunction to the parties
without being aware of whether the remedy is to be granted or not.
When saying that the court must be reluctant to grant the same it means that it is hesitant
or unwilling to grant temporary injunction therefore there some extra thing to be done by
the applicant to satisfy the court to grant the same. Which require the applicant to adduce
good cause to that effect so that to convince the court to grant temporary injunction. Also

1
[Cap 113 RE 2019]
2
[Cap 114 RE 2019]
there must be an existing case or pending case in the court of law with competent
jurisdiction.
Injunction, means restrain or preventing a person from commencing or continuing actions,
injunction become effective as soon as it is issued.3
Temporary injunction this most popular Interlocutory order is the Court injunction. The
injunction is a judicial where by the party is directed to or to refrain from doing any
particular act. It is a remedy in the form of the order of the court addressed to a particular
person that either prohibits him from doing any particular act or commanding him to do
particular act. There two major forms of the court injunctions, which are temporary
injunction and permanent injunction. 4 However the focus is given to the temporary
injunction sometimes known as interim injunction which is the type of injunction issued
during pendency of the suit.5 The injunction is called temporary, for it endures only until
the suit is disposed of or until the further orders of the court. A temporary or interim
injunction may be granted on an interlocutory application at any stage of a suit. This is
provided for under Order XXXVII of the Civil Procedure Code.
Temporary injunction is not granted against the government however the court may make
a declaration on the right of the parties as it is provided under the Proviso of Order XXXVII
of the civil procedure code6 that “Provided that, an order granting a temporary injunction
shall not be made against the Government, but the court may in lieu thereof make an order
declaratory of the rights of the parties” therefore this declaration is good as temporary
injunction would be rendered meaningless that is why the provision of Order XXXVII Rule
1 (a) and 2(1) of the Civil Procedure Code7 has introduced incidences where declaratory
rights may be awarded.
From the given scenario in order for Mr. Masusu securing a court order to maintain status
quo first he there must be a pending suit in the court of law and then he could have an
opportunity of making an application to maintain status quo of his property.

3
Takwani, C.K(2017) Civil procedure with limitation Act 1963 and chapter on commercial courts 8 th edition
Pg 338
4
4Issa, O. (2017). Civil Procedure: From pleading to Appealing. Mbeya, Tanzania: Wazo Communication.
55
Merindo, F (2014) Administrative of justice in mainland Tanzania Dar es salaam LawAfrica publishing (T)
ltd
6
[Cap 33 R.E 2022]
7
[Cap 33, R.E 2022]
5. CONCLUSION AND RECOMMENDATION
The land Act and the Village Land Act provide among of the features of land obtain under
customary right of occupancy which is liable, to acquisition by the state for public purposes
in accordance with any law making provision for that action subject to the prompt payment
of full and fair compensation but in referring to the given scenario Mr. Masusu had
unsuccessfully claim for compensation to city council. From the given circumstance Mr.
Masusu can claim for compensation over the said landed property because the law under
the land laws Act acknowledge a person with a certificate of customary title.
6. DISCLAIMER
This legal opinion is provided in accordance with the instruction received from Mr. Masusu
who is our client. Anyone else who will rely upon this legal opinion we will not be
subjected
This legal opinion along with its conclusion is submitted this 30 day of May 2024, for the
client’s consideration as deemed fit,

………………………….
Ms. ARAFA IDD BUNKU
(Advocate)
For and on behalf of JEMBE ADVOCATES
 JEMBE ADVOCATES
Advocates, commissioners for oaths, notaries public and juris consults
(Specialist on litigation/consultants)
Qrt house 3rd floor Mwanjelwa P. O. box 711 Dar es Salaam
Tel: Mobile: 0723342334, 0775443333

REF NO. MPC/DEMAND /VOL01/18 30th May, 2024

IMBAA MASUSU
P.O Box 5
ITEZI- MBEYA

Dear Sir,
RE: DEMAND TO STOP WITH TRESSPASSING OVER LANDED
PROPERTY AND NOTICE OF INTENTION TO SUE.

We have been instructed by our client IMBAA MASUSU of P.O Box 5 ITEZI- MBEYA
to communicate with you regarding the above captioned matter as follows.

That on unmentioned date your company has issued to our client a notice to vacate the land
(30 days’ notice), claiming that it was allocated to them by the Mbeya City Council in
2016.

That the land has been in our client family since the 1940s, originally owned by my great-
grandparents, and we have continuously owned it since then. No compensation has been
paid to me. When I visited the City Council, I was informed that all land in Tanzania is
public land and can be allocated to anyone.

That after making a close follow up of the plot including doing the official search, our
client discovered that the plot that you claiming that it was allocated to your company by
the Mbeya City Council in 2016. That plot belongs to our client, therefore you had no
capacity to issue to our client a notice to vacate the land (30 days’ notice).

That following the aforesaid discovery, you have to agree to pay our client the advance
payment of Tshs 1,000,000/= for disturbances to our client. That by this letter our client
demands you to stop with trespassing over landed property immediately after you have
receiving this demand letter.

IF YOU DO NOT HEED to the above stipulated demand, our client will have no option
except to take legal action against you and you will bear all the costs and adverse
consequences thereto.

We hope you will do the needful

Yours faithfully,

________________
Ms. Arafa
(Advocate)
For and on behalf of JEMBE ADVOCATES

COPY TO:
XYZ Company Limited
 REFERENCES
The Constitution of United Republic of Tanzania [Cap 2 of 1977]

STATUTES
The Civil Procedure Code [Cap 33 R.E 2022]
The land Act [Cap 113 RE 2019]
The Village Land Act [Cap114 RE 2019]

BOOKS
Takwani, C.K (2017) Civil procedure with limitation Act 1963 and chapter on commercial
courts 8th edition
Issa, O. (2017). Civil Procedure: From pleading to Appealing. Mbeya, Tanzania: Wazo
Communication.
Merindo, F, (2014) Administrative of justice in mainland Tanzania Dar es salaam
LawAfrica publishing (T) ltd