19720814 TZHC Mwanza

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IN THE HIGH COURT OF TANZANIA AT Ni1ANZA (pc) CIVIL APPEAL NO. 18 OF 1971 (From the decision of the District Court of Bukoba at Bukoba in Civil Appeal No. 244 of 1970 Before J.L. 11boneko, Eec., District Magistrate (nc) Kashasha Civil case No. 53/70) NYABUBORO MATHIAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... APT ELLANT vs. I -1ORICE LEO •.. ......... RESIONDE1iT JUDGThj2T: ( El—Kindy, J. The appellant, Nyabuholo d/o Mathias, appealed against the judgement and decree of the District Court of Bukoba, which revcised the judgernent of the trial court. The dispute is over a portion of land, worth about she. 500/=, This land is claimed by both sides. With due respect, the appellate court misdirected itself in reversing the trial courts judgernent. The claim of the appellant was supported by the evidence of witnesses who saw the appellant • rt3ceive the disputed protion. of land, and also the will of the deceased exhibited in court left no reasonable doubt that the respondent had no share in the disputedland. The respondent was to inherit land at Ibare village, and not at the village where the disputed sharnba was. Since the death of the father of the respondent, the rcsiondent had left the appellant in ocoupationof the dispute land, and there has not been any complaint since then. I accordingly allow this ar;eal with ( full costs. The appellant should have the land as detailed in the will and supported by her witnesses. If there is any dispute as to costs to be paid, the District Court Bukoba should rule on it. Delivered in Court on the 14th day of August, 1972. - (z.N. E14Cindy) * JUDGE 1IIwanza, .14th August, 1 972. /TEKamugunga. t'••