Dar es Salaam. The High Court of Tanzania, Land Division, has ruled that the Registered Trustees of the National Muslim Council of Tanzania (BAKWATA) in Ilala District are the lawful owners and managers of the Bangulo Mosque area situated near Pugu Bus Terminal in Dar es Salaam.
In its ruling, the court also declared former imam and madrasa teacher Kassim Juma a trespasser, noting that after his employment contract ended in 2021, he remained on the premises, claiming ownership and disrupting worship activities.
The court ruled that Mr Juma entered the premises as an employee of the mosque and not as an owner, and therefore had no legal basis to remain on the land or claim ownership of property donated for religious use under waqf and administered by BAKWATA.
The judgment issued on Wednesday, May 6, 2026 by Justice Emmanuel Kawishe is now publicly available on the Judiciary’s electronic case management system.
Origin of the dispute
Court records indicate that the case was filed by the Registered Trustees of BAKWATA, Ilala District, accusing Mr Juma of unlawfully occupying and controlling mosque land.
BAKWATA informed the court that the land was donated in 2016 by Ramadhani Jalaka through waqf for the construction of a mosque for the Bangulo Muslim community, and that Mr Juma was later employed as imam.
However, after his employment was terminated in 2021, he reportedly refused to vacate the premises and instead began asserting ownership of both the mosque and the land.
BAKWATA requested the court to declare him a trespasser, dismiss his ownership claims, confirm its authority to manage the property on behalf of the community, and award damages and costs.
Mr Juma, however, challenged the claims, insisting he had a right to the property as one of the individuals who initiated and helped construct the mosque.
He further argued that he had received a waqf grant from Ramadhan Jalaka and asked the court to recognise him as the lawful owner.
Evidence presented
The claimant summoned five witnesses. The first, Ramadhan Jalaka, testified that he purchased the land in 1991, measuring about two acres.
He informed the court that after noticing there was no nearby mosque in Bangulo, he donated part of the land for religious use.
On November 9, 2016, he formally dedicated a 20-by-20-metre plot through waqf for Muslims of Bangulo, later adding an extra 10 metres after finding the initial space insufficient.
He insisted that the waqf documents clearly indicated the land was donated for community religious use under the supervision of BAKWATA Ilala District, and denied ever granting Mr Juma personal ownership.
He further said that Mr Juma was later employed as a madrasa teacher after construction was completed, but following the end of his contract in 2021, he refused to hand over the premises and instead claimed ownership, triggering the dispute.
The matter was later forwarded to the Ilala District Commissioner’s Office for mediation, but the parties failed to reach an agreement, leading to court proceedings.
His testimony was supported by his wife and son, who informed the court they witnessed and signed the waqf documents confirming that the land originally belonged to their family before being donated for mosque development. They also rejected Mr Juma’s ownership claims.
A fourth witness, a BAKWATA Ilala trustee, Mr Juma Ibrahim, told the court that the organisation is empowered to oversee Muslim properties, including mosques and waqf assets.
He said the dispute escalated when Mr Juma barred BAKWATA officials from accessing the premises despite several failed reconciliation attempts involving religious leaders, the district authorities, and land dispute mechanisms.
Court decision
In its analysis, the court observed that both parties agreed on one key fact: that the land was donated for the benefit of Muslims of Bangulo through waqf.
The central issue, the court said, was who had lawful authority to manage the property.
It found that documentary evidence and witness testimony clearly established that BAKWATA was the lawful administrator of the waqf on behalf of the community.
The court further ruled that under both Islamic principles and national land law, waqf property is dedicated for religious or community benefit and must be administered by a recognised trustee, and that neither leadership roles in a mosque nor involvement in construction confer ownership rights.
“The defendant’s claim of ownership on the basis that he was a leader or participated in construction has no legal basis and contradicts his own admission that the land was donated to Muslims of Bangulo,” Justice Kawishe decided.
On occupation, the court found that Mr Juma was unlawfully occupying waqf property and ordered him to vacate immediately.
It declared the Bangulo Mosque land waqf property dedicated to the Muslim community under the management of BAKWATA Ilala District and barred Mr Juma or anyone acting through him from interfering with its use.
The court further directed him to pay Sh5 million in damages for the inconvenience caused by the dispute.
