Dar es Salaam — A dispute over ownership of an 8,216-squaremetre yard valued at more than 250m/- and previously owned by the late Simba SC figure, Zacharia Hans Poppe, has been filed at the Mwananyamala Land and Housing Tribunal in Kinondoni, Dar es Salaam, for determination.
In the case, ZH Poppe Ltd, formerly owned by Hans Poppe before his death in 2021, is suing Balleth Motors Co Ltd and Bilo Star Debt Collector Co Ltd.
The company is seeking a declaration that the respondents are not the lawful owners of the property. The applicant is also requesting the Tribunal to issue orders restraining the respondents from evicting it from the disputed plot, identified as Plot No 63, Title No 120064.
The tribunal has already issued a temporary order barring Balleth Motors Co Ltd and Bilo Star Debt Collector Co Ltd from evicting ZH Poppe Ltd from the property located in the industrial area of Mbezi Beach Jogoo.
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Two directors of the applicant company, Angel Zacharia Poppe and Abel Zacharia Poppe, who are children of the deceased and administrators of their father's estate, have sworn an affidavit in support of the application.
They state that ZH Poppe Ltd is the lawful owner of the yard. According to the directors, the company has occupied and used the disputed property for more than 20 years without interference.
They state that the premises house over 60 trucks and trailers, as well as machinery used in the company's operations.
The directors further allege that on December 17, 2025, the respondents invaded the plot and ordered them to vacate within seven days, threatening forcible eviction if they failed to comply. The respondents allegedly claimed ownership of the property and have since taken control of it.
They claim that Bilo Star Debt Collector Co Ltd subsequently issued a seven-day eviction notice without following the required legal procedures.
According to the affidavit, the law requires a three-month notice and prior notification to local government authorities and the District Commissioner before such an eviction can be carried out. The directors argue that these procedures were not followed, rendering the notice unlawful.
They further contend that the premises do not legally belong to the first respondent and therefore any transfer of ownership and subsequent eviction attempts are invalid.
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On February 26, this year, the directors informed the Tribunal that despite its order maintaining the status quo, representatives of Bilo Star Debt Collector Co Ltd had continued to visit the premises, allegedly harassing workers and causing disruption to operations. However, the Director of Balleth Motors Co Ltd, Ahmed Salum, has denied the allegations and filed a preliminary objection challenging the tribunal's jurisdiction to hear the matter.
He argued that the case requires the inclusion of the Registrar of Titles, who allegedly transferred ownership of the disputed land to Balleth Motors Co Ltd in accordance with the Government Proceedings Act.
Salum also contended that the applicant lacks legal authority to file the application, claiming that the property in question had been used as collateral with the Bank of Africa (BOA) to secure a loan. The tribunal is yet to determine both the preliminary objection and the substantive ownership dispute.
