ESTOMII ORONGAI (ADMINISTRATOR OF THE ESTATE OF THE LATE ORONGAI NAILUGISHO OR ORONGAI NAILUGIHO) VS EDWARD MEMIRIEKI AND 33 OTHERS (CIVIL APPEAL NO 285 OF 2022) 2025 TZCA 71 (24 FEBRUARY 2025)

Abstract

The appeal before us is challenging the decision of the High Court of Tanzania at Arusha in exercise of its original jurisdiction. In a suit filed as Land Case No. 20 of 2019 initiated by the appellant, the High Court (Gwae, J.) declared each of the respondents, lawful owners of a piece of land which the appellant claimed being trespassed by the respective respondent. In the High Court decision, the appellant did not establish, on balance of probabilities that, all pieces of land in the suit land were the properties of his late father one Orongai Nailugisho or Orongai Nailugiho (the deceased). The High Court's finding is premised on, one, the appellant did not call in evidence the surviving heirs. A neighbour, one Tiophilo Manyaa (PW2) who was called in evidence, vacated the suit premises since 1961 prior to the demise of the deceased. As such, he is dispossessed of material evidence on the post status of the suit land according to the learned trial Judge. Two, each of the respondents, either, through oral evidence, or sale agreements and or the production of title deeds, established to be the lawful owners of every piece of land which the appellant alleged in the plaint that it was trespassed by the respective defendants (now respondents). It was therefore decreed to that extent along with an order restraining the appellant and her agents from interfering the respondents in their ownership and enjoyment of the alleged pieces of land.