Ladwa loses court bid to possess multi-billion plot in Dar es Salaam

Dar es Salaam. Attempts by J.W. Ladwa (1977) to temporarily suspend implementation of a court judgment that declared Bansons Enterprises Limited legal owners of a multi-billion plot situated at Chang’ombe Industrial Area has hit a snag after the Court of Appeal dismissed Ladwa’s application.

The Court of Appeal said Ladwa has failed to satisfy conditions set by the Court of Appeal Rules of establishing substantial loss and deposit security for performance of the decree.

“The applicant has failed to satisfy both two conditions set out under rule 11 (5) (a) and (b) of the (Court of Appeal) Rules and she has therefore not shown good cause for grant of the application,” said Justices Ferdinand Wambali, Rehema Kerefu and Abrahaman Mwampashi.

In its early decision, the High Court declared Bansons Enterprises Limited as the legal owner of the land on Plot No. 273 Block “C” at Chang’ombe area, Dar es Salaam, and ordered J.W. Ladwa to vacate the area and also pay Sh10 million in damages for trespass.

Advocate Richard Rweyongeza, had submitted that J.W. Ladwa would suffer irreparably if the court order is implemented because Bansons Enterprises was intending to sell the disputed plot.

But in their recent decision, the justices of appeal sided with the counsel for Banson, Mr Thomas Brash that the applicant has not sufficiently demonstrated that substantial loss may occur if the application is rejected.

“Since the plot subject to the vacant possession order is said to be undeveloped and as the allegation that the respondent intends to sell it is not proved, then if the applicant is evicted and in case her intended appeal succeeds, repossession of the plot will easily follow suit,” said the justices.

Court records show that Mr Chandulal Ladwa and his brother, Mr Dhirajlal Ladwa have also filed cases against various companies including Indian Ocean Hotel Ltd, House and Homes Ltd and Terrazo Paviors, claiming to be owners whereas as per official BRELA records they are neither shareholders nor directors.

In a recent decision involving the Indian Ocean Hotel Ltd, the appeals court stated that the High Court Judge Deo Nangela overreached to attempt to include the two brothers as directors and shareholders of the company dealing with hotel business, while such matter was still pending in court.

“Indeed it was an overreach for the trial judge to declare the respondents to be the shareholders and directors of the second applicant as time was not yet ripe to determine their status,” Court of Appeal Justices Gerald Ndika, Penterine Kente and Othman Makungu said.

The two brothers have been previously charged with crimes relating to allegedly taking funds from the Tanzania Investment Bank (TIB) in July 2019, but got out of the hook when the Director of Public Prosecutions dropped the charge at a plea bargain stage.

In 2019, Chandulal Walji Ladwa was convicted on his own plea of guilty by the Ilala District Court for corrupt transaction.

He gave Sh200,000 bribe to the Head of Legal Department of the ruling Chama Cha Mapinduzi (CCM), Goodluck Mwangomango.