SETH JAPHET VS NICHOLAS MERO (CIVIL APPEAL NO. 262 OF 2022) [2024] TZCA 1261 (10 DECEMBER 2024)

Abstract

The genesis of the instant appeal is a dispute over ownership of a piece of farmland measuring about 5 and 1/2 acres situated at Samanga Village in T.P.C. Ward in Moshi Rural District (the suit premise). It all started at the District Land and Housing Tribunal for Kilimanjaro at Moshi (the Tribunal) in Land Application No. 124 of 2006 in which the respondent lodged an application seeking the Tribunal to declare among other things that; the respondent is the lawful owner of the suit premise, order the appellant to vacate the suit premise; pay costs of the application as well as compensation to the respondent. The appellant stoutly resisted that application. Upon hearing the application on merit, the Tribunal dismissed it with costs