Tuesday, December 16, 2008

Appropriation Around the World

Here's a case regarding appropriation in Zanzibar. I think it is always interesting to see how other countries and their laws are dealing with the same or similar laws in the U.S.

Sept. 22, 2007
Zanzibar Gapco-farmers land appropriation case...

A civil case has been instituted in the Zanzibar Land tribunal involving the Director of Land and Registration, Salum Simba who is alleged to issue a farmers` land to fuel investors illegally.

The case also implicates the President of Zanzibar, Amani Abeid Karume.

The complainant, Ramadhan Mohammed Koja, alleges that he was told by the investors that the fuel company, Gapco, built a petrol station on his farm after being permitted by the Isles President.

The hearing of the case has been scheduled for next Tuesday at the Land tribunal before Judge Maalim Silima.

GAPCO Manager who is also involved in the case, is alleged to have taken the farmer's land located at Chwaka Village in Unguja Kati District where he built the petrol station.

It is reported that Ramadhan inherited the land from his parents who were using it for farming activities.

According to the plaint, it was alleged that on August 26, 2002, the director surveyed the farm and aportioned it to the Asian investors, who in turn built the petrol station, without consulting the owner.

The plaint alleged that, before construction of the station started, the victim tried to seek justice from various authorities, including the accused, but in vain, hence resorted to file the case against them.

The plaint also claimed that, the plaintiff sought the areas where the building permit was issued, including the State House of Zanzibar and Kati District commissioner`s office.

According to the plaint, after being briefed by the Gapco management that the President graced the issuing of the land and that he had 30 per cent stakes, Ramadhan decided to write to him on October 16, last year asking the President also to consider him in the stakes (30 per cent).

`With sentiments, I am writing to you asking for part of the shares you are getting from a petrol station at Chwaka, putting into consideration that I had been earning my living through farming on that land,` he told the President in his letter.

According to the plaint, Ramadhan also has asked the court to confirm that he was the genuine owner of the land after inheriting it from his parents.

He has also asked the court to order the GAPCO manager to demolish the petrol station and compensate him 30 per cent of the income the company has generated since it started operations.

He also has asked the court to cancel the title deed of the plot and pay all the costs the plaintiff incurred in running the case.

Copies of the case have been sent to the Revolutionary Council Secretary General, Ramadhan Muombwa, Isles Permanent Secretary of the Ministry of Water, Works, Energy and Lands, Attorney General, Idd Pandu Hassan and Zanzibar High Court Registrar.

http://www.ippmedia.com/ipp/guardian/2007/09/22/98908.html

No comments: