SUZANA KAKUBUKUBU AND TWO OTHERS v WALWA JOSEPH KASUBI AND THE MUNICIPAL DIRECTOR OF MWANZA 1988 TLR 119

Facts

The plaintiff held about 5 acres of land under the deemed right of occupancy. Due to poor health she invited relatives to live on it while she was staying in Dar es Salaam . In 1984, a survey was done on the piece of land resulting in two farms - Farm 2 and Farm 3. While Farm 2 was allocated to the plaintiff, Farm 3 was allocated to the first D defendant. Compensation in respect of Farm 3 was worked out and paid to those who were occupying it. Later the plaintiff came to know about the survey and allocation of Farm 3 to the first defendant. She, joining her children, sued the first defendant and the Municipal Director of Mwanza arguing that they were the lawful owners of Farm 3  notwithstanding the compensation paid to third parties for the unexhausted improvements. One of the issues argued in court was whether or not payment of compensation for unexhausted improvements to the holder of a deemed right of occupancy or his agent or representative extinguishes that right.

Held: (i) Payment of compensation to a holder of a deemed right of occupancy or to his agent or to his representatives extinguishes that right.