The plaintiff’s claim against the defendants jointly and
severally is for a declaration that plot number 1823 at Oyster Bay Shopping
Centre area Kinondoni District allocated to the third defendant was illegally
created without regard to the existing city Master plan, a declaration that the
plaintiff is entitled to the right of access on the road blocked by the created
plot and an order that the third defendant demolish the structure on the said
plot No. 1823 so as to give access to the use of the blocked public road. The
court is called upon to determine the preliminary objection raised by the 3rd
defendant that the plaintiff has no cause of action against the defendants as
he does not have a valid Title over plots Nos. 16 and 17 Oyster Bay Shopping
Centre area, Kinondoni Municipality.