19760322 TZHC Mwanza

IN T,I-E HIGH COtJT OF TNZjNI t- C - JT MWJNZ4 PI'ILLLITE JUAUSDICT ION •(c) CIVIL APPEAL io. 63 OF 1 97 1- (From the decision of, the District Court of Bukoba at Bukoba in Civil 1ppeal No. 38 of 1971— Before A. N. Russeta, Esq., District Magistrate and Urban Primary Court Bukoba Original Civil Case No. 49 of 1970).' PHILBJRT MUSHjiLA. . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . APPELL/N1T (Original DGfendant) ver sue BI - .ADIJf iTHUiNi. . . . . . . . . . . . . . . . . . . . . . . . . . .......... .IESPONDENT (Original Plaintiff) J U D G E !.1 B N T LUGKINGIR, 1g. J.:- There is practically no substance in this appeal. The appellant bought premises from the respondent at Kasha'i in Bukoba township. The measurements of the plot were set out in a sale agreement (exhibit 3). Subseqtent1y the appellant resold the plot toone Sofia Mussa who was the app1lant's co defendant in the court of first instance. In doing so, however, he acted with stark fraudilence and purported to sell more land thin he actuallyheld. In consequence he encroached upon the respondent's adjoining land. This is evident not only from the sketch drawn by the District Court but also from the description of the land in the sale agreement between the appellant and Sofia (exhibit 4)4 The respondent then commenced these proceedin : s claiming the land encroached upon. For reasons

difficult to .derstand the urban primary court dismissed her claim but she successfully appealed to the District Court. The appellant then appealed here. As 'I said, there is no substance in the appeal. The encroachment is capable of physical clembristration. I will therefore dismiss the appeal with costs. Sofia Mussaon the other hand, should demolish and remove the structure cr house she erected on the encroached land in defiance of the balozi. She should do so within 30 days from the date this judgement is read by the District Court. Buk oba. K. S. . Lugakngira. 22nd Narch,1976. 4 CT ING JUDGE. I