19751231 TZHC Arusha

ft/c IN THE HIGH COURT OF TANZANIA AT AUSHA (PC) CIVIL APPEAL NO. 132 OF 1973 (From the decision of the District Court of Arusha at Arusha in Civil Appeal No. 60 of 1973) LODGNANGA KUROI ---------------- --- -----APPELLANT (Original Respondent) Versus. MEVONGORI VAYANI ----------- ----------RESPONDENT (Original Appellant) J U D G M E N T Nyalali, Ag. J. This is a second appeal from the judgement and decree of the primary Court of Arusha District at Ngateu where the appellant, namely Lodenanga Kuroi sued the Respondent, for loss suffered by the appellant in respect of the respondents conduct which prevented the appellant from planting bananas, coffee and other trees in appellant's farm with the consequence that the said bananas, coffee and other trees which were for planting withered away. The trial primary court dismissed the suit but the appellant was aggrieved by that decision and he appealed to the District Court of Arusha district which dismissed the appeal. He is now appealing to this Court. The facts of the case which were not in dispute at the trial are that sometime in March 1972 the appellant prepared himself to plant some durable crops in a farm. The respondent was objecting to the appellant planting those durable crops in the farm and respondent complained to his clan leader, titled as LOIG'TANANI of the clan. The clan 'Loigwanani'. wrote a letter to the appellant directing him not to proceed with the planting of the crops until the case between appellant and respondent was resolved. The matter was then brought before a clan baraza or meeting. Hence the matter went to the ward secretary. Thereafter, the appellantinstituted this case in theprimary court. The. most important point in this case is whether the respondent (MevonoriVayani) was justified in seeking the intervention of the Loigwaiithi'. From the evidence on record, including that of the 'LOigwanani' namely Nadooyo s/o Sengoaraki, there appears to have been a dispute concerning the land where the appellant was preparing to plant durable crops and that the clan baraz a decided that the land belonged to respondent. This decision appears to have been confirmed by the ward secretary. I would therefore say that since there was a dispute between the appellant and respondent concerning the ownership of the land where appellant was preparing to plant durable crops, respondent was justified in seeking the iriervet&an of the clan "Loigwanani" and the appellant is not entitled to any compensation for loss suffered as result of that intervention. This appeal must therefore fail, but before finally dismissing it, I have to point out to the parties (apecifically in the light of information received today from the appellant's song' that the appellant:: died before the hearing of this appeai,), that the decision of the clan baraza and the ward secretary about ownership of the land in question does not legally settle the issue of ownership of the land. That issue can only be legally settled in a court of law if any of the parties or any successor-in--title to the appellant still wish to persue it. Appeal dismissed with costs to respondent. F.L. NYALALI, AG,J. ., -2- Delivered in open court this same day of 31st December; 1975 at Arusha in the presence of the respondent and the son of the appellant0 F.L. NYALALI, AGOJO /Kim a thi