NA TZHC Dar es Salaam2 6

., ., '

IN THE IDGH COURT OF TANZANIA

AT DAR ES SALAAM PC CIVIL APPEAL NO. 179/92 HALFANI SAIDI ........................APPELLANT

VERSUS ALLY CHONDE.........................RESPONDENT

RULING KALEGEYA, J. The Applicant, Halfani Saidi, having lost at all three stage: Primary Court, District Court and High Court is now seeking leave to ·appeal to the Court of APJ>ial which would be a third appeal and which requires a certificate by this Court that a point of law is involved. Facts established indicate that the Applicant was settled on a piece of land in or around 1979 by one of the members ofVisiga village leadership. Visiga is in :kibaha District It would seem that although there were already soine cashewnut trees Applicant cleared a sizeable part of the land and planted various perennial and annual crops. Thirteen years later, the Respondent who had been living in Dar es Salaam (and who at times, in between, had an occasion to visit Visiga village where hiS:other lived) decided to sell the land in question under a claim that it belonged to his late father who died in 1979 and had therefore inherited it. The Primary Court found that as the land b,elonged to Respondent's father he was entitled to inherit it adding however that Applicant was entitled to some compensation for developments made though the value was not stated. On Appeal to the District Court the said Court upheld the Primary Court finding. On further appeal to this Court, (Kyando, J.) the finding regarding the ownership of the shamba was confirmed but the other one concerning compensation was set

aside. The High Court held that as the Respondent was young and lived in Dar es Salaam he could not have protested, anq that neither could the mother who • 2 resided in the same village for nonnally it is sons who inherit and not mothers. The Court concluded that compensation could not be ordered either because Applicant did not occupy the disputed shamba with the consent of the Respondent. t;, From these facts I consider that there is a point of law involved - that is, whether, where, in village communities, one occupies land with the authority of the village leadership and develops and occupies it uninterruptedly for 13 years and to the Jsnowledge of a youngson and his mother, he should be ordered to vacate the said land on establishment that the said land belonged to the son's late father, and without compensation for the developments effected thereon. I certify the above for consideration by the Court of Appeal and for that reason leave to appeal to the Court of Appeal is accordingly granted. 0

KALEGEYA

JUDGE Delivered in the presence of Applicant and Respondent on , • , , • • .

KALEGEYA

JUDGE 0