Ex-lands minister liable for Sh3.18bn house demolition

The ruling, delivered on January 21, 2026, by Justice Sharmila Sarwatt, arose from Land Case No. 000032646 of 2024 following events of February 29, 2024, when Mr Silaa, then Lands Minister, visited the site and supervised the demolition of the house.

The dispute centred on ownership of Plot No. 484 (2196), Block H, Mbezi Medium Density, in Kinondoni Municipality, Dar es Salaam.

The case was filed by businessman Johnsen Leonard Mahururu against Minister Silaa and five other defendants.

Mr Mahururu sought a declaration that he was the lawful owner of the plot and an injunction barring Ms Kwayu from entering or undertaking any activities on it.

Other defendants included the Permanent Secretary (Ministry of Lands, Housing and Human Settlements Development), the Land Commissioner, Kinondoni Municipal Council, the Attorney General, Ms Kwayu (also known as Fainess Dawson Kiwia), to whom the plot had been allocated, and Mr Juma Rajab Kapungu.

Court decision

In her judgment, Justice Sarwatt ordered Mr Silaa, Kinondoni Municipality and Ms Kwayu alias Fainess Dawson Kiwia to compensate Mr Mahururu Sh3.18 billion for the demolished residential house and pay Sh40 million in general damages, plus court costs.

After reviewing evidence from both sides, the court upheld Mr Mahururu’s core claims and declared him the lawful owner of the plot.

Justice Sarwatt further ruled that the title deed issued to Ms Kwayu was invalid and directed the Registrar of Titles to amend the register to reflect Mr Mahururu as the rightful owner.

She also issued a permanent injunction barring Ms Kwayu and anyone acting on her behalf from entering, invading or interfering in any way with the ownership and use of the plot.

However, the judge rejected Mr Mahururu’s claim for Sh16.2 billion in alleged losses arising from damage to property during the demolition of both the residential building and a hotel structure.

Court reasoning

Justice Sarwatt found that the plot had been allocated to two parties: Wood Pecker Limited and Ms Kwayu.

Court records showed that Wood Pecker Limited received its offer on March 6, 1987, while Ms Kwayu’s offer was issued on July 12, 1987.

Under the priority rule in land allocation, the first allottee takes precedence.

Consequently, Wood Pecker Limited held a superior interest in the land compared to the sixth defendant.

On the legality of the demolition, Mr Mahururu claimed he had permits for both a residence and a hotel. The court, however, found no evidence of a valid hotel permit.

The only permit accepted was for the construction of a two-storey residential house.

“Since there was a valid permit for a residential house, demolishing it was unlawful,” ruled Justice Sarwatt.

Regarding the hotel, she held that Mr Mahururu failed to prove he had obtained approval from the relevant authority as required under Regulation 139(1) of the Local Government Authorities (Urban Development Control) Regulations, 2008.

The judge further noted that no prior demolition notice had been issued, nonetheless, she ruled that the hotel had been built illegally.

Mr Mahururu’s applications

In his suit, Mr Mahururu asked the court to declare that issuing a title to Ms Kwayu was unlawful and to cancel the title registered under the name of Fainess Dawson Kiwia. He sought its transfer to his name.

He also demanded Sh16,237,650,000 as compensation for property allegedly damaged or lost from the residential building and hotel during demolition.

Additionally, he claimed Sh3.18 billion as compensation for both demolished structures.

He further sought Sh4 million per day in business losses from September 1, 2024 until payment, and Sh300,000 per day for hotel accommodation costs from  March 1, 2024 until settlement.

He also requested commercial interest from February 2024 until payment, plus court interest on the total awarded sum from the date of judgment.

Demolition

On February 29, 2024, then Lands Minister Silaa, Naomi/Fainess, officials from Kinondoni District Council and the Dar es Salaam Land Commissioner entered the property and began demolishing Mr Mahururu’s residence and an unfinished hotel.

Mr Silaa ordered and supervised the demolition, alleging that Mr Mahururu was not the lawful owner but a trespasser following complaints from Naomi/Fainess, who claimed ownership.

The demolition was not completed that day, and the team returned on March 1, 2024, when bulldozers finished the destruction.

Mr Silaa later declared Ms Kwayu the lawful owner, and the title was subsequently registered in the name of Fainess Dawson Kiwia.

During proceedings, Mr Mahururu was represented by advocate Barnaba Luguwa, while the Permanent Secretary, Minister, Land Commissioner, Kinondoni Municipality and the Attorney General were represented by state attorneys Pauline Mdendemi and Jeremia Odinga.

Ms Kwayu was represented by advocate Gordian Mugusi, and Kapungu by advocate Paul Elias.

Court observations

The court noted that administrative confusion, overlapping land records, and weak coordination between the Lands Ministry and Kinondoni Municipality in the late 1980s contributed significantly to the dispute.

Justice Sarwatt said the case illustrated longstanding systemic weaknesses in land administration, emphasising the need for clearer records, stronger oversight and better inter-agency coordination.