19840323 TZHC Mbeya

L Cc zr- IN ZiE HIGH COURT OP TANZAIZLA A T }tBF(A (pa) civi' APPEAL I'TO. 28 oi 1981 From the Decision of District Court 70akuyu ANUiONSIO MYANDANDILA ......... .......... ...... APPELLANT versus MWAiAJOS/OMJAKIThLANA ......................RZPOffDENT JIJJMT Claim: Compensation shs. 70/= Katiti J. Antony Mwandandila, the appellant herein, filed this action in Kibwe Primary Court, seeking compensation to The tuis of shs, 70/= the alleged value of three "Sade1ele' 1 trees, and six bamboo trees, That were alleged to have unlawfully been out down by the respondent. Tis action was succesafti. However, the appeal by the Respondent to the District Court culminated into the appeal being allowed, hence this appeal. In short The claim is founded on the claim by the appellant, that on 3/5/1947 not only did he buy a coffee and banana trees, but that he also bought the three "Saniundelele" and the bamboo trees, from the respondent* the respondent has on the other hand traversed, and said supported by witnesses thatp he only sold the coffee and banana trees, and that although, he had given the appellant the option to purchase the Samundeleles and the bamboos, the appellant failed so to do, Zie isue as was easily appreciated, is whose property is ii? - I have given serious consideration to this case, and I find myself in agreement with the District Court, that, the respondents evidence is so prepoderant, that justice must Zo to him. ¶lhe respondents evidence is so prepoderant, -that justice must go to him. e respondents witnesses appeared to be well Imowledgeble about the dispute than, The appellants, some of whom were not yet born at the juncture of the transaction, iis appeal is -thereore dismissed, as it is clear that, the appellant 4 had not)ot the po e r, he is claiming. Ihe appeal is therefore dsmise,wi1 c'd. •?\ • I/ Deverd i -this. 23rd ddyl of March, 1984. \\ • \\ .j E.W. Katiti • \'\ / ,I • ' I certifythait is a true copy of The orig DISTRICT BIS ThAR