Criminal Appeal 17314 of 2024 Judgment Nangela J

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA SUMBAWANGA SUB-REGISTRY AT SUMBAWANGA CRIMINAL APPEAL No. 17314 OF 2024 (Originating from decision of Hon. R.M Mwalusako (SRM) in DC Criminal Appeal No. 39741 of 2023 at Tanganyika which originated from Karema Primary Court in Criminal Case No. 204 of 2023) BETWEEN RUBEN JOHN...................................................... APPELLANT VERSUS LAIMUNDI SIMBA............................................. RESPONDENT Last order: 12th September 2024 Judgement: 05th November 4th, 2024 JUDGMENT NANGELA, J.: Ruben John, the appellant herein is dissatisfied with the decision of the both the Karema Primary Court (as the trial court) and that of District Court of Tanganyika (the first appellate court) and has appealed to this court. His appeal, therefore, is a second appeal and he raised only two grounds of appeal, namely: 1. That, the first appellate court misdirected itself to hold that the judgement and decree/order made by the “Kapalamsenga” Ward Tribunal in Shauri Na.43/2020 was nullified by the High Court of Tanzania - Sumbawanga Sub­ Registry in Land Appeal No.34 of 2021. 2. That, the first appellate court erred at law to hold and declare that the offence of criminal trespass which the respondent was charged with was not proved by the appellant beyond reasonable doubt. The background to this case as the record would show, is a criminal trespass contrary to section 299 (a) of the Penal Code, Cap.16 R.E. 2022. The case was filed by the appellant at Karema Primary Court. Before the trial court were allegations that on 06th of September 2023 at Itunya Village, Tanganyika District Katavi region, the respondent intentionally trespassed into the appellant’s land and rented the same to various people while knowing that doing so was contrary to the law. The respondent denied the charge. However, upon hearing the matter, the trial court found him guilty of the offence, convicted him and sentenced him to serve a three- month jail term. Aggrieved, the respondent appealed to the District Court against his conviction and sentence. The first appellate court heard and determined that appeal in favour of the respondent. The appellant herein was aggrieved and, hence, this appeal. When the parties appeared before this court for the hearing of their appeal, they only requested the court to consider both the grounds of appeal filed in court (with minor amendments on ground number 1) and the reply thereto filed by the respondent. Looking at the grounds of appeal, the question I asked myself is whether there is any merit in those grounds. As I look at the decision of the first appellate court, I do not think that the grounds of appeal have merits. The fact remains that the proceedings of the District Housing and Land Tribunal (DHLT) were nullified by the High Court of Tanzania in Land Appeal No.34 of 2021. However, the court in that case decreed that the appellant is entitled to two acres of land. Now, as the District Court (first appellate court) correctly stated in its decision which is the subject of this appeal, the 18 acres of land were, based on that decision of the High Court, left in the hands of the respondent and, for that reason, the issue of criminal trespass could not have arisen. That was a correct view in my considered opinion. If the appellant here was aggrieved by the High Court decision in Land Case No. 34 of 2021, he should have challenged it by way of an appeal to the Court of Appeal. Failure to do so meant that he was satisfied with that decision. For the foregoing reasons, I see no merit in this appeal, and I hereby dismiss it. I make no orders as to costs. It is so ordered. DATED ON THIS 10TH DAY OF DECEMBER 2024 DEO JOHN NANGELA JUDGE