Q&A with FB Attorneys

Time limitation for compensation claim

Four years ago, I was approached by our village leaders who informed me that a certain foreign donor needed land for free ?to construct a nursery school. They told me that my contribution will be an acre and that other villagers will donate the rest of the parcel of land which the donor required. Overwhelmingly, I accepted the proposal as I knew the nursery school will be beneficial to the society as our children will get quality education at low cost. Nevertheless, last month, during the village meeting, my neighbor raised an alarm to reveal that the donor did not acquire land for free but valuation was done by professional valuers and entitlement for each villager who donated the land was determined. He wanted a thorough explanation before taking legal action against the valuers and the donor. In response, the donor and the valuers stated that rightful entitlements were paid to the village leaders who claimed that the whole piece of land acquired for construction of the nursery school belonged to the village council. We want to sue the donor and the valuers for recovery of our lawful compensation as they negligently paid our entitlements to the wrong persons. Please guide me.

ET, Dodoma

The law governing valuation and compensation of land owners before acquiring land for development is the Valuation and Valuers Registration Act, Act No. 7 of 2016 (the Act). Section 53 of the Act provides that time limitation for any proceedings under the Act is governed by the Law of Limitation Act, Cap 89 R.E 2019 (the Limitation Act) whereby the period of limitation in relation to any proceedings relating to valuation conducted under the Act shall be prescribed in the Limitation Act.

Item 1 of the First Schedule to the Limitation Act provides that the period of limitation for claim of compensation for doing or omitting to do any act alleged to be in pursuance of any written law is 1 year. The consequences of contravening item 1 of the First Schedule to the Limitation Act is provided under section 3(1) of the Limitation Act; which provides that all proceedings described in the first column of the schedule to the Law of Limitation Act which is instituted after the period of limitation prescribed thereto in the second column is liable for dismissal.

Therefore, we regret to inform you that after the lapse of 4 years, you cannot initiate a suit either against the donor or the valuers to claim for your entitled compensations which your village leaders cunningly denied you. The only leeway is for you to sue the village council for recovery of your land, as the time limit for suits relating to recovery of land is 12 years. You can then join the donor and the valuers as co-defendants. You may also consider penal action. We urge you to find a good land lawyer for further guidance.

Senene International Trade Fair

Last month I attended a festival organized by the people originating from Kagera region and who speak Kihaya, the area popularly known as Buhaya. The festival was called ‘Buhaya Festival’. It was a big event which attracted the attendance of Tanzanian leadership. Despite the glamorous exhibition of Buhaya foods, outfits and dancing styles, I was not impressed by the weight which the organizers attached to the delicious snack known as “ensenene”, which is popular among the Bahaya and now known internationally. My friend who deals with exportation of local foods sparked an idea of having an international ‘Senene Trade Fair’. We are optimistic that the event will attract the international business community as we want the occasion to be officiated by Harris Kamala, whom I heard is also a Haya from Kanyigo, Missenyi District. Please advise us on any legal requirements.

AR, Muleba

It is interesting to hear that a person who was a US presidential candidate has origins in Tanzania. We have never heard such a connection but will not comment on this further. We will only advise you on the legal requirements for organizing the Fair.

International trade exhibitions are regulated by the International Trade Fair (Terms for Organizers and Participation) Regulations, 2014 (the Regulations). The Regulations require that any person who wishes to organize or undertake an international exhibition to apply to the Tanzania Trade Development Authority (the Authority) by filling designated forms and paying the prescribed fees. Upon receipt of the application, the Authority, within 14 days, shall, either grant, reject or refer back the application for further clarification. When the application is rejected, the Authority is obliged to give reasons for such a rejection.

When the application is rejected, and the applicant is aggrieved by the decision of the Authority, the applicant may, within 7 days, from the date the decision is communicated, appeal to the Minister responsible for trade stating the grounds of appeal. A decision by the Minister on the appeal shall be made within 14 days from the date of receipt of the appeal.

After following that procedure and getting the approval from the Authority or the Minister, as the case may be, you will have to ensure that the exhibition venue meets standards as issued by the Authority before commencement of the trade fair. The Regulations requires the exhibition venue to have the following standards: adequate space to accommodate exhibitors; adequate lighting and security lights; free entry and exit ways; security posts and assembly points; fire extinguishers as per conditions specified by the appropriate authority; a source of water and adequate distribution points; immovable toilets; health services; information desks; and any other requirement which may be specified by the Authority. We advise you to consult the Authority for further guidance.