20030408 TZHC Bukoba

'111 IN TI-L~ HIGH COURT OF T.1\JJZANL\.

AT BUKOBA • (PC) CIVIL APF~AL NO 105 OF 19S5 (From the decision of the District Cour"- of Muleba District e,t j,)ulebe. in CivH I~ppeal No 46 of 19~5 and original Civil Cnse No ~39 of 1994 c>.t Urb3l1 Primary Court Mulebn) 3efore~ ;rJ. M['l_shrrnri, Esq. JUS'rON NSIGAZI APPELLANT

VBRSUS SALIMU J.f(JS,SA R'ESPOI'ITJE1\1T . JU --.-.,~~ - ......,,... D G ME i-J.......T li',SANCIIB J. - ~ - 4 - . . - . .1. i r ~ The 2.ppellant, Ju.ston H~igazi sent e::eaile to the primary Court of .. Muleba, asking the Court to· all~w him to redeem n sh::nnbo valued at Shs 100,000/=• There w2.s an allegation that the shamba wns a cla,."l. la..>1d, ;md, therefo.re, redeemable. The respondent is the one who boup~ht the shombe. c The case in the primary Court was a9tually not contentious. The respondent agreed to l!"t the shamba go. But, he said he had developed and therefore ought to be paid compensation for unexhe.usted improvementso The gratifying thing about the case is that the triaJ. cour-l; visited the sheJnba. 'J.'hey were very impressed by its development. Although the shamba had 1,cen sold at Sh LfO, 000/;::, the market value ( wHh irnprovemei'lts c1.dcied) c~JnG to Shs 296,000/~. The appellant got shocked• He did. not hLW0 that money. To him, he he.d thought the rede!!!ption priee \llould hc.ve . I =• been Sh Lf0 7 000 So 7 he appeu.J.ed to the .Di.strict Court arguing that he should be allowed to redee:n it at Shs 1+0 9 000/:::. He hF.ts lost that appealo He now appeaJ .. tc i.:he High Court• 2 The appellant ,.,as told to look for that money in a period of two months. And the Court said, if he failed to rai,se thc,t money ;md .pay, the shamba would still be that of

the respondent. The judgment of the primary Court is sound. The Court visited the locus in quo. It is no good quarrelling with the assessment of a primary Court. The assessment whi~h·eame to the figure of Shs 296,000/= by now. -- was done in 1995, some seven yea:,s ago. The figure must hc"..ve gone up The more tlte appellai,.t delays in redeeming it, the more the value goes up 8nd the more it beeomes diffioult for the•!!!p:,ellant to redeem it. What if the a.p}'ella1tt should ·forget nbout the ca.se. The appeal i& dismissed. It ia dismissed with costs#