In this suit filed by the Plaintiff against the defendant, a number of points were raised as a preliminary objection on the propriety of the plaintiff’s suit. The preliminary objection which is the subject of this ruling was taken by the 1st, 2nd and 3rd defendant. Briefly, in 1990 the Plaintiff applied for and was granted by the 2nd defendant, an interim certificate of approval for her Village Hotel project. The approval of the plaintiff’s project by the 2nd defendant was in 1991, for that purpose, followed by the Government lease to the plaintiff of a plot of land at same place (Site Plan No. 39/91) in Southern District Unguja measuring 5.05 hectares. The plaintiff took possession of the plot and started constructions by putting upon it some structures but because up to 2003 the project had not been completed and for other reasons as well, the plaintiff’s project approval was, in October, 2003 cancelled by the 2nd defendant.
The cancellation of the project approval was followed by the revocation of the lease by the Government in 2004. Then the plaintiff’s structures upon the plot were evaluated and the plot was in 2005 leased to the 3rd defendant who took over the plot and commenced her own development upon it. After learning that her project and the lease had been revoked and that the plot had been leased to the new investor, the plaintiff complained to the 2nd defendant but her efforts proved futile. The plaintiff did also refuse to accept the amount given to her as compensation for her structures she had put upon the plot as the amount did not correspond with the value of her property and on 31/12/2014 she eventually filed this suit against the defendants.