By Evarist Baimu Nyaga Mawalla - Home

eviction by NAFCO. The special and general damages awarded, totaling shs. 2,095,600/=is to bear interest at 9% from the date of judgment until payment in full.The Plaintiffs are also awarded the costs of this suit, the same to be taxed.NOTE: In this case the Defendants went on appeal to the Court of Appeal of Tanzania.In the case of National Agricultural and Food Corporation v. Mulbadaw Village Counciland others, that court partially reversed the decisions of the High Court on among otherreasons, that some of the plaintiffs had failed to prove that they were natives andtherefore they could not hold land under customary law.Attorney-GeneralVersusLohay Akonaay and Another.The respondents in this case, Lohay Akonaay and Joseph Lohay are father and son. Theyhad earlier on, in 1987, successfully instituted a suit in the court of Resident Magistrate atArusha for recovery of a piece of land they held under Customary Law. An eviction orderwas issued and they were given possession of the piece of land in question. In 1992 theParliament passed a new law i.e. the Regulation of Land Tenure (Established Village)Act, 1992 which came into force in December 1992.This law, inter alia, declared the extinction of customary rights on land; prohibitedpayment of compensation for such extension; ousted the jurisdiction of ordinary court oflaw in all matters relating to the administration of the Act; terminated proceedingspending in normal courts of law; prohibited enforcement of any court decision of decreeon all matters in respect of which jurisdiction was ousted; and established a tribunal withexclusive jurisdiction.The respondents were aggrieved by this new law and thus petitioned to the High Courtunder Article 30 (3) and Article 26 (2) of the constitution of the United Republic of73