UBAYA SALEH MNYIMADI VERSUS BENJAMIN SENGEREMA CHAYAI. CIVIL APPLICATION NO. 568/17 OF 2020

Abstract

The applicant, Ubaya Salehe Mnyimadi lost a suit filed by the 2nd respondent before Mwandege Ward Land Tribunal (WLT) on claims of land located at Mkokozi Village within Mwandege Ward (suit land). The WLT decision was in favour of the 1st respondent herein who was declared the owner of the suit land. Claims of ownership of the suit land by the 1st respondent were also supported by the 2nd respondent. The WLT awarded the 2nd respondent Tshs. 1,600,000/- (the purchase price) as a refund and general damages of Tshs. 2,800,000/-. Dissatisfied with the decision, theapplicant unsuccessfully appealed to the District Land and Housing Tribunal for Mkuranga (DLHT) in Land Appeal No. 30 of 2018 challenging the judgment and decree of WLT. Undeterred, the applicant appealed to the High Court Land Division, and the appeal was again, unsuccessful.