Arusha. The High Court in Arusha Sub-Registry has dismissed a case filed by Kibo Poultry Unit Limited seeking over Sh528.7 million in compensation from Tanzania Airports Authority (TAA) over land at Samaria village in Arumeru District, Arusha Region, adjacent to Kilimanjaro International Airport (KIA).
Delivering judgment on Monday, May 25, 2026, Justice Dafina Ndumbaro held that the company failed to prove lawful ownership and was only entitled to compensation for improvements made on government land.
The dispute arose after Kibo Poultry claimed it had a customary title issued in 2016 for 48 acres purchased from a local family and valued the land at over Sh582 million.
It argued it was compensated only with Sh2.57 million and sought a fresh valuation and payment of the balance plus costs.
TAA opposed the claim, stating the land has been part of the KIA development area under government ownership since 1969 and was later formalised under state aviation records.
The authority said the area, once part of the Sanya-Lelatema forest reserve, was registered under a government title deed issued in 2006 covering more than 11,000 hectares.
Witnesses told the court the company’s customary title was issued in error due to encroachment and lack of disclosure of prior government ownership.
During a site visit on April 30, 2026, the court found only a partially completed well valued at Sh1 million and no evidence of claimed tree investments.
The court ordered Kibo Poultry to pay legal costs after finding it failed to establish ownership or entitlement to compensation for land.
The court noted that although Kibo Poultry Unit Limited held a customary title issued by village authorities in 2016, it failed to demonstrate a complete and lawful chain of ownership linking the land to legitimate original proprietors.
Justice Ndumbaro observed that the evidence presented by Tanzania Airports Authority (TAA) was more credible, showing that the disputed area formed part of land allocated for Kilimanjaro International Airport development since 1969 and was later formally registered under a government title deed issued in 2006.
The court further held that compensation already paid amounted to improvements on encroached land rather than recognition of ownership rights, and therefore could not form a basis for additional claims exceeding Sh528 million.
In its final orders, the court dismissed the suit in its entirety and directed Kibo Poultry Unit Limited to bear the costs of the proceedings.
It held that the claimant’s valuation evidence, including assertions of trees and a well worth Sh20 million, was not substantiated during the hearing or the site inspection.
The judgment reaffirmed that individuals occupying government land without lawful ownership are only eligible for compensation for developments made, not for the land itself, particularly within gazetted infrastructure zones such as Kilimanjaro International Airport. Court costs remain payable immediately.
