THE Presidential Land Commission (PLC) and Moshi Municipal Council (MMC) resolved a longstanding land dispute that pitted the owner of the Moshi-based Fresh Restaurant, Mr Baraka Hussein Mallya, against the proprietor of Ms Temba Traders, Mr Silvester Linus Temba.
'Daily News' has established that as per Land Form Number 29 on Notification of a Disposition under Section 36 of the Land Act, the previous owner, Mr Mohamedraza Kassamali Sharrif, informed the Commissioner of Land that he had resolved to transfer property known as C.T. No. 056035/48 Plot Number 47 Zone II to one Barak Hussein Mallya in respect of a right of occupancy.
The area, located near the offices of Tanzania Telecommunication Corporation Limited (TTCL) in Moshi lying between Market and Nyerere Streets, measured 21,730 square feet as of May 22, 1959 and later it was reduced to 20,080 sq. ft. by the government to pave way for construction of Mawenzi and Nyerere streets that occupy an area of 1,650 sq.ft.
The investigation further revealed during a session held on April 16, 2007 by the Municipal Planning and Environment Committee of MMC it was resolved that the said plot was wrongly allocated to Ms Temba Traders as it already had a registered owner, Mr Mallya and therefore the session declared revocation of contracts entered between the Council and Ms Temba Traders entered on July 1, 1998 to 2003 and July 1, 2003 to 2009.
Furthermore, PLC resolved that the plot belongs to Mr Mallya and MMC through a letter, with Reference No.MMC/MS/42 dated Dec 3, 2007, jointly signed by Moshi Municipal Executive Director, Ms Bernadette Kinabo and the then Municipal Solicitor, Mr Suleman Lukanga, issued an eviction notice dated April 16, 2007 that required Ms Temba Traders to vacate the area by June 6, 2008.