MELIANI HOYA VS NCHEMBI MAKENZA (CIVIL APPEAL NO. 266 OF 2022) [2024] TZCA 1271 (13 DECEMBER 2024)

Abstract

This is a third appeal. The appellant successfully instituted Land Application No. 6 of 2018 before Chikuyu Ward Tribunal in Manyoni District (the Tribunal) claiming for redemption of her house allegedly sold by one Bakari, her biological son to the respondent at TZS 300,000.00. Having lost, it took time for the respondent to challenge that decision before the District Land and Housing Tribunal for Manyoni at Manyoni. He preferred Revision Application No. 24 of 2019. He emerged a winner and the Tribunal's decision was somehow reversed. The Tribunal, as acondition for redemption of the sold house, ordered that the respondent should be paid back by the appellant and her son the purchase price and also he has to be compensated for the unexhausted improvements he had effected on the land which comprised of two permanent houses. Aggrieved, the appellant preferred an appeal to the High Court in Land Appeal No. 86 of 2019. She lost and she is now before this Court determined to challenge that decision.