20120830 TZHC Mwanza

...• .· ' IN THE HIGH COURT OF TANZANIA IN THE DISTRICT REGISTRY OF MWANZA AT MWANZA LAND APPEAL No 27 OF 2010 Arising From the decision of Musoma District Land and Housing Tribunal Appeal No 79 of 2009 [Original Nyamrandira Ward Tribunal Land Application No 8 of HAT ARI MANY ASI NYEREMBE .................... APPELLANT VERSUS ELIAS WEGORO MAUNGO~~ ........................ RESPONDENT JUDGMENT . MRUMA, J. This appeal involves the ownership of a plot of ·land in ~humwi Village, in Musoma District. Hatari Manyasi Nyerembe the Appellant herein sued Elias Wegoro Maungo the Respondent herein in the Nyamrandira Ward Tribunal for vacant possession 1 .... ··•. . . ::~ of plot No 250 a.t Chumwi Village at N·yamrandilira Ward •iD Musoma District. The Appellant claimed that he purchased the suit land from one Phanuel Nduruma Majuro but to his dismay the Respondent trespassed on his plot and he too claimed to have . bought it from the same Phanuel Nduruma Majura. The Ward Tribunal gave Judgment in favour of the Respondent with costs. It found that the Respondent was the legal owner of the suit land, that the Respondent legally bought it fr9m the said Phanuel Nduruma Majuro. The Appellant was dissatisfied with the findings and orders . of the Ward Tribun~I and appealed to the District Land and Housing Tribunal of Musoma. The District Tribunal dismissed the Appellant's appeal on the ground that there was overwhelming evidence to the effect that the suit land belonged to the . Respondent. From that judgment, the Appellant is appealing to this Court. 2 . - ··•~<• ··: >- . . : ! • 1 . t,. :/ l(:f,':it · ' .. ... ...... , ' ~ :~/;_~-~= ' ., The appellant has filed eight grounds of appeal all boUing f; 0 .' · down .to one main ground of· complaint that the lower tribunals failed. to analyse the evidence on record and hence arrived into a wrong conclusion that the suit land belongs to the Respondent. The evidence adduced before the Word Tribunal established that the Respondent paid T.shs 100,000/= for the suit land. He tendered in evidence a sole agreement which is witnessed and signed by five witnesses, three (3) witnesses namely Poustine Mwero, Mkama Lwikilo and Abiniel .Wegoko signed for the vendor, the Appellant while two witnesses Wegoro Majuro and . Julius Msibo witnessed for the vendee Mroga Ndurumo. The Respondent also tendered a letter with reference No DLD/iy\U/731/Vol. 11/110 from the office of the District Executive Director· of Musomo addressed to the Village Executive Officer of Chumwi Village informing him that ownership of suit plot hos changed from the vendee to the Respondent. The 3 t • ~. _.. .• •• ··:· .. . .-· .. :· ·. ·:;,. ... ,_, ! didn't challenge this evidence~ The District Tribunal accepted it. . On the other hand, the Appellant's story on how he acquired the suit land was doubted, and I think rightly so, by the District Tribunal. For instance, in his statement to the Tribunal, the Respondent told the Ward Tribunal that he bought hal_f on acre land "measured 80 metres long and 50 metres wide" form one Phanuel · Nduruma Majuro, but the vendor Phanuel Nduruma Majuro advised him to construct his house at the end corner of the said plot, the advise which he accepted. This "advise", seem . to tally and corroborate with the testimony of his witness Petro Kuyenga who told the Tribunal that Phanuel Nduruma divided his plot No 250 and ·sold it to three different persons including the Respondent and his own statement under cross~examination by the Tribunal in which he admitted that that the Respondent ha-d a bigger part of Phanuel's plot. This expresses why he was advised 4 : - .. . ~. . ,.. . - . :. . .: :.. , .. .. .. ·'"· ·,. ; : -> • ~ • .<, ·" • •. ~o • •- . •.. .. . . : ·_. : :-.'.", .. ) . : '.:.,.;,'• . -:. ·. . . . .,,." - .. ·.:· . . . .- .. . ·. .- / ·.... ·'.... .: . --- •.' .... iI s . l . '\ to construct his house at the side end of the disputed land. That - . . ./ was his portion. I Thus, on the evidence on record I find no reason to· fault the JUDGE 30th August, 2012 Date 30/8/2012 Coram Hon. A.R. Mruma, J. For Appellant Present in person For Respondent: Absent (Represented by Mr. Nasimire) B/C. : L. Mtaki 5 ~·L ..·, , ... . --~-- .:- ~:;-!qi, ~ JUDGE . 6