19731226 TZHC Mwanza

Jw*i' Mj/ IN THF Timh COJJPT CF TLNZ•pdJIf .iT LHJdNZL. (PC) Civil fppoa1 To:36B of 1971 (Original Manyovu Primary Court Civil Co No:25 of 1970) (From the decision of the Dist:iot Court of Kasulu at Kasulu in Civil Lpel No:65 of 1970) Before: N. J. Lung'ombo, Bsq., District Magistrate. Barikuinwe Mbatuka •,..,..,..,,.,.. ippo1lant (Original Plaintiff) versus IJilbrodi Maguu .... , . • , • , • . 1•s• ,.. Bespondent (Original Defendant) -r J U D G N B N T JONLTHN, J. — The appellant sued the respondent for a piece of land. By a majority dccirji - n, the magistrate dissenting, the primary court allowed the claim, btt on appeal the district court reversed that decision, hence th present appeal. Both the courts below found, on sufficient evidence, that part of the land which hd belonged to the deceased father of the ppollant was allocated to the respondent by the Village Dcvelopmcnt Committee (V.D. a.). That hapLened. in 1961 while the appellant was away being employed on a sisal plantation. There is no dispute that the relevant portion of land had wet boon developed but that the respondent upon acquiring it developed it and grew same permanent trees on it, The assessors .jioo tried the casO held the view that the V.D. C. wa.5 wrong in giving the land to the respondent and ordered accordingly, but the ma istrete thought differently. The district court, on the other hand, ocusidered the allocation by the V.D.C. was proper. The appellant hpc said the alloctien to the respondent by the V.D. C. was done in 1964. He was then away and it is not clear how he came to know about it. The reseondont is, however, clear that he was given the land in 1961. Now, to go by the appellant's statement at the hearing of this appeal, the lnd had passed to him from his father upon his demise about 3 years prior to the dispossession from him. The suit was not brought Until 1970- It would appear tuen met for anything updards of 12 years, this being the period he admits he ws away, he did n.rb effectively occupy the land. The V.D,C. was entitled to see that lend availabla in the area was used, and I am satisfi.ed as was the district magistrate that the V.D.C. properly dispoescssod the appellant of the suit piece of land. It was an Undeveloped piece cf land fcc which, therefore, no oompensation was payable. The appeal is dismissod, bert as tue respondent did not appear I make no order for costs. Mwanza - 4 P. N, Jonathan Ak\ 26th December, 1973, Jur'