Moshi — A LAND dispute on Plot Number 47/1 in Moshi municipality was yet to be resolved as there were pending cases before the courts of law, the son of the proprietor of M/S Temba Traders, Mr Ambrose Silvester Temba, affirmed here.
He maintained that the said plot was an open space to-date as per a letter by Assistant Commissioner of Land, Northern Zonal office, addressed to the Director of Urban and Rural Planning in the Ministry of Land, Housing and Human Settlements Development with Reference Number CD/NZ/12930/150.
The said letter instructs the Moshi Municipal Council that in accordance with Act Number 8 regarding Urban Planning of 2007, it was the responsibility of the Municipal and District Directors to safeguard open spaces from intrusion by developers.
According to Mr Temba, the said open space located on Plot 47/1 was wrongly included in the title deed No. 056035/48 owned by one Baraka Hussein Mallya, adding that the area occupied by the open space do not exceed 483 square metres and does not include the building adjacent to it.
Refuting a report which was published in the 'Daily News' on December 28, he said the allegation that the said open space was wrongly allocated to M/S Temba Traders did not hold water, because on the contrary Temba has been a tenant of the Moshi Municipal Council from July 1, 1998 up to June 30, 2003.
He thereafter became a tenant for next ten years, that is July 1, 2003 to June 30, 2013, a period which was not completed as per a letter by the Acting Municipal Director, Dr Christopher Mtamakaya, addressed to the Kilimanjaro Regional Commissioner, with reference no. MC/L.40/7/Vol.VIII/91 dated June 20, 2012 and copied to the Moshi District Commissioner.
"We have not entered into a six-month contract with the Moshi Municipal Council but a five-year and 10-year contracts until the latest contract was abruptly terminated on December 1, 2007 following issuance of a three-month notice," Mr Temba stated.
He has affirmed that Plot No. 47/1 did not belong to Mr Baraka Hussein Mallya as alleged, insisting that open spaces were not supposed to be sold to individuals. Approached to air her views on the ongoing tug-of-war of the said plot, Moshi Municipal Executive Director, Mr Bernadette Kinabo said the matter is in court and cannot give further comments.