The Case Of Dinah V Rajab Adamu Essay

1325 Words Apr 30th, 2016 6 Pages
These authorities give a definition and in few case laws such as the Attorney General v Lohayo Akonaay and Joseph Lohay case and the Mtoro Bin Mwamba v Attorney General case where right and status of customary right of occupancy was defined. However, the same issue of a defining the ‘status of customary right of occupancy and its 'status compared with grated right of occupancy, defined in the relevant law and focusing on the issue of customary right of occupancy.
Other authorities which gives explanation of customary right of occupancy is the case laws which means customary right of occupancy includes land associated with literal meaning that is to mean surface of earth that means tangible aspect of land, hereditary aspect of land, in customary right of occupancy also includes intangible aspect of land which include the right to way this situation was propounded in the case of Dinah v Rajab Adamu. Where Customary law right of pathway (umuhanda) cannot be crossed unless the public agree or abandon its uses.
Also in the case of Fedinand v John Mutalemwa. Where Haya customary law provides picture of customary law in most parts of Tanzania. Professor Mgongo Fimbo in Essays in Land Law also enumerates the rights of the land user and concludes the same by saying that the land user has “exclusive right to the land the subject to customary right of occupancy nor grated right of occupancy but both rights having the same status.


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