Payment of levies as proof of stall ownership 

I have been operating a market stall for many years and always believed I owned it because I bought it from another trader. I also regularly paid market levies to the local authority. Recently, the Council demolished my stall without giving me any notice, claiming I was only a tenant in arrears. I lost my goods in the process. Can the Council lawfully demolish my stall without notice, and am I entitled to compensation?

ZK, Singida

We are sorry to hear about what happened to the stall which you believe was yours. The Court of Appeal of Tanzania has recently made it clear that payment of market levies alone does not amount to proof of ownership, nor does it create any proprietary right over a stall. A person claiming ownership must produce proper documentary evidence such as sale agreements, inheritance documents, or transfer records. In that particular case, the Court found that the traders failed to prove ownership of the stalls they occupied. They had no valid documents and did not call relevant witnesses to support their claims. As a result, their claims were rejected under the Evidence Act for failure to discharge their burden of proof.

More importantly, the Court held that once a person is found to be in unlawful occupation, they are treated in law as trespassers. A trespasser is not entitled to notice before eviction or demolition, and equally has no right to compensation for losses suffered as a result of their unlawful occupation. Accordingly, where ownership cannot be proven, the Council is legally entitled to remove the structures without notice, and no compensation is payable. In the circumstances of your case, if you bought the stall, as you said, it is incumbent upon you to prove such ownership by adducing documents evidencing such ownership as we have indicated above. Your lawyer can guide further, subject to providing all required details.