19710222 TZHC Mwanza

I N THE HIGH COURT 0FTAEZEEi.: Appellate Jurisdiction

AT IIIAIIZA I(PC) CIVIL APPEnl NO, 26 OF 1 9 7 0. (From the dcision of the district court of Bukoba at Bukoba in Civil Appeal No. 28 of 1969 before I. K. Machumu Esq., district magistrate- c ivil Case No. 80/68 in the primary court of Bukoba District at Hal ab againe). D1IEL RUGAbE\JA ..................... APPELLANT versus BI. KAZIAH J [ OEL .....................RESPONDENT

ORDER KISANGA, AgJ. The b.ppe11ant contends that the respondent in thiscase was given only wo acres of land and not 10 acres as alleged. He referred to a minute of the Village Development Committee dated 19 .8.67 ,in which the Cmmittee decided to grant only two acres to the respondent. He said t11at the respondent was duly given these two acres which did not form part of his own shamba He says that the acquisition of the extra 8 acrs was not through the Development Committee. The respondeil refers to the letter of the Area Commissioner dated 31.8.65 which authorizes the DivisiOnal Executive Officer to grant 10 acres to tile respondent. The letter further says that the grant of this land 11103 in pursuance of recommendation by the Village Development Committee. Therefore, here appears to be a conflict here in that the V.D.C. appears to have decided to grant the respondent only two acres while the Area Cohaissioner appears to say that the V.D.C. recommended a grant of 10 acres. The ase is therefore remitted to the lower court (District Court) wiih a direction to record further evidence as follows:- () Ividonce to show that the V.D.C. did advise the Area ommissioner that there were ten (io) acres of p unobcupied lend which could be granted to the respondent. (b) Lvicncc as to whether or not the appellant was present hen the respondent was being granted the land in isputa. On corepleti g the additional evidence, the case file should then be Oent to his Court for final disposal of the appe, i/lw anz a 7 (R. H. Kisanga) 22/2/71. Ag .JUDGE.