Facts
This case involved a dispute over a plot described as Plot No. 1 Block 38 Ngamiani Area, Tanga Municipality. In the High Court the evidence of the land officers was that prior to 1975 the plot in dispute consisted of two plots. The first plot was occupied by the respondent and the second occupied by the appellant. In 1974 the whole of Ngamiani was resurveyed under the Tanga Master Plan re-organization scheme, purportedly done under the Town and Country Planning Ordinance whereby existing E plots were reorganized and amalgamated. In this exercise the two adjacent plots were amalgamated and became one plot. The trial court gave judgement to the appellant, but on appeal to the High Court the trial court's decision was reversed hence the present appeal.
Held: (i) The legislation provides for two kinds of publication. The publication under section 27 refers to the declaration by the Minister that he intends to apply the provisions of the Third Schedule. Secondly, after he has prepared the scheme he must deposit a copy of such scheme at a place deemed appropriate and a notice of such deposit must then be published in the Gazette, to enable members of the public to inspect it. There is no requirement for publishing the fact in the gazette.
(ii) since the Tanga Master Plan was drawn up and implemented in contravention of the Town and Country Planning Ordinance, any actions purportedly taken under it were unlawful.
(iii) the formulation of a Master Plan or Scheme extinguishes all property rights since all the existing boundaries are expunged and plots re-surveyed for re-distribution.
Case Information
Appeal allowed.
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