' ' \ ...... ·'IN TEE HIGH COURll OF TANZANIA . ' ... ·: . : . '' c:.' :.:·! AT ARUSHA ' •. , , BILL OF COSTS NOjb OF 1997 · ...... ! .•·i.i,• (G/F MISC •. CIL ,APi\i NO. 159/93')· . . . . : . } ' . . ..... ; . -·. ABRAHAM SIMON ••• • •• • • • DECREE HOLDEB/ APPLICANT . :·: • I . VERSUS. 'c>JACOB WILLIAM . . . . .... . •····. JUDGEMENT DE!BTOR/RESPONDE~ I ., -• • • • '. I:•!• .,,, I,/•·; • RULING W.N.B. KA.PAYA, TAXING OFFICER:- ; . These proceedings are initiated under the· provisions o~ .. , r, '· . ;l: .' .f.' ·; . :' ;"') . . . Ord.er XX! .. 'Rule . 57 · (1) and Order XLIII {2) :'d. ,-Section 95 of • ., . _! : : ~ •• ~ .: :. : ; • . • • ·: '!- :·. . f •, ' ... "'' . . ' . . : ·. . .. , .... the Civil Pi:'o'cedure' 'Co'de,·' 1966 l5y :End.esb, Ayuq, ::r,fer,r.d to ,, . , , ; h-reift~~ of \h/obj'ector. She is' •objec:t;ig .t- te attachment . . . . ~ . ·and. sai~ .· of a pk-eel cf· urir.-egist ered , land·! measu,r.ing half an aue -- '~ . . . lop.ted at Ilkir~~i ViJ!lAk'e :in Arutneru :i)istrict. ~ ; . The background to; fhe'se l'pr6ceedings reveal that in taxation r·•. ::- i:".'.. . . . .- . • . . . caus,e N,o.20/97 brahaifl' 1 Siiri6n .::claimed for ;'.Shs. 524,600.00 against Jacop W:i.lliaril as costl'arisirig fri-om' Misc :civil Application No. 159/93 The cause was truced as presented in.the presence of 1 - . •. . ._ . . ' the said Jacob; William on 21.8.1997. ·· As· the decretol sum remained . , : ~ ' " '-.,;' . ·,: . ;- . ' . •. : . . ..... unpaid d on a.pplicati'bri byt-thridecr.e:eholder\a;prohibitory order '·was~"issud 6ri,\he pt'hprty 'in "issue''on 51,<.·1997.,.· .. ' ' :;he pohitor;+ rd; was effected- on ,4.2.1998. A l)roclamati;n of sale was issued on 24.41998 to be effective on 28.5.1998.· On 18.5.1998, that is ten da.ys before sale of the property was to take place· the. objector filed 1 these prbceedings· th hei:' evidence she stated that she is Jac00 William's· wife and' th~'t ' they were married in 1974. The basis of'her objection to the ... •·· ·. . . . I . attachment and sale of the suitland is that the said suitland I was given to her as a gift by her mother in law (Maria) in { 1974 .. i

. : : : 2 ........... : .. ':.• ...... : ; ' She has since been 6ultivating h suitland' to feed ,:-, •.. . herself, her husba·na and the'ir sii thildren_.'·· Her

• • : • • •

testimony ·was supported. oy· that' df her husbar.d·jacot:i·· ti.'illiam and a clan member Suzan' Nicholas. It was her case· .th~~~-- tHt--:tri;· :sui 1·anc1-· b'et'o.ngs ·to h··r·· antl·.:t.lst· her.:.·· · husband. That evidence was contradicteq by Alois William Mej □ oli ~ Hamisi~ He sttid ~; e aNd Jacob are half brothers he being the eldest in th Mejooli clan~ He 1~ aged around 80 years_. He state·d·:f.urther · 'that their -t'tt:ier.-f. passed away :in· 1956 and he lie·eng· the eldest: son was made clan ld~~J>.jcob's mot er pased away in 1972 when Jacob was in siahd~~d seen~ a Accordig'.tci this witness Jacob was ciircumsided in . , 1974 and it was, i'n 1975 that he married· th'e.,objecti □ r .•. ·:,· As their father died in 1956 and Jacob's Mother in 1972 it· is evident· that the objector· never saw hE;!,I'· in laws, ..,:·, I.t ·follo1,11s that .Jac·ab' S' Mother could not ·have g·iveri ... the objector, the .suitl'Ein~ in· 1974-'." This witness said: th;at . . : . the objector was mairied tn Jcab:in 1975. This testimony- was supporteds'by·:Naisiligaki Lot;al'.1g I amwaki and. Abr.ahm S. · l'viejooli the. decre,e. ho_ld.er .He ·too is a mel!ipr of the Mejooli clan. . . . . .. ,.,.. J~~ob Willia stted that f61lowing h§jMother's death he inherited¾ of an acre~ This is out of four other farms of. the Mejoo1i clan.,·, The o.t.her Children i:p· his. qlan were lso given pieces\ □ f land .. :. ,. .. : ·r· . . \ . .. ; ... : i. :! ? .

I ::: 3 ... . . . On this evidence I find as a fact that the objector was less than touthful when she said that Jacob's Mother gave her the suitland as a gift. She was married to Jacob in 1975 which was three years aftr Jacob's Mother died. In other words she did not even $ee her Mother in law. The evidence of Alois, Abraha~~he decree holder) and Jacob (the judgement debrot) all mmbers of the Mejooli clan shows that each male member of that clan has I a portion of land out of four farms left behind by this I deceased father. The suitland does no~ belong to the objector and on the evidence I ramie: satisfied that it ' ! is but port and parcel of the property of the judgement- debtor. The objection is overruled with costs. ¼ .. .,.._,(. /' ,, (W.N.B. Kapaya) , (-T.:Q) 13'.1.1999. Delivered in Court this 21st day of January, 1999 in the presence of EndeEh Ayoub the ',!Objector and in the . presence of the responcte·nt. AT ARUSHA:- 21st January 1 1999. WNBK/nm ~ '- ..,,,.,,.,,,. (l!.I.N.8. Kapcaya) (T.O) 21".1.1999.