91 Msimbazi houses ruled illegal, residents must shift

Dar es Salaam. The High Court in Dar es Salaam has ordered 91 households that have built their houses in the Msimbazi Valley, in Baghdadi, Ilala Mchikichini Ward, to vacate the area immediately.

The court issued the order after the residents lost a case they filed in 2012 to challenge moves by city authorities and the Ilala Municipality to remove them from the area because it was not safe for human settlement.

The court spared 12 households, whose residents have been allowed to stay there for one year, within which the Ilala Municipal Council, which had issued them residence permits, to give them alternative plots.

The case was lodged by Juma Malumbo, Maulid Fundi, Aisha Saliko, Aisha Mhagama and 99 colleagues against the Dar es Salaam Regional Commissioner, the Ilala Municipal Executive Director and the Attorney General (AG).

The complainants had petitioned the court to prevent respondents from removing them from the area in which they had been living for many years.

They had also asked the court to facilitate compensation in the event of being displaced, and relocation to other places for settlement.

Judge Zainabu Muruke said in her judgment that all the complainants, with the exception of only 12, were supposed to vacate the area immediately.

The judge said it had emerged from evidence submitted in court, that, the Ilala Municipal Council had issued residence permits to 12 people.

Judge Muruke said since it was undisputable that the 12 complainants had the permits, they had been living in the area legally, but branded the remaining 91 invaders who must vacate the area immediately.

The court said that all the people (103 complainants, including the 12 with residence permits) built their houses without any authorization, and were thus not entitled to compensation.