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.