Solomoni Anyigulile vs Abrahamu Mwakibete ((PC) Civil Appeal No. 23 of 1998) [1998] TZHC 2527 (20 November 1998)

IN Tm~ HIGH COUR'l' OF. TANZANIA AT MBEYA (PC) CIVIL APP1AL NO. 23 OF 1998 (From Rungwe District Court Civil Appeal Noo ·49· of 1997 Before: D.D. Kombs: - District Ma,17,istrate) .SOIOMONI ANYIGULILE 'K.YANGALil.D Versus .. .ABP.AHAHU Ml·JAKIBETE • ouqooc-.oeencooo JUDGMENT APPEIJ..A.NT. RESPONDENT This is .a secon_d a.p!)ealG A tea shamba measuring ¼ acre was •the certtre of the dispute between the.parties. The appellant, Solomon Anyigulile, sued the respondent, Abrahann Mwakibete, for it before the primary court of Masebe 0 The appellant lost the suit, and his first appeal to the district court of Rungwe was dismissedo Hence this second appeal in which both parties entered appearances before me and told the ci,urt that they abided by the contents of the memorandum of appeal and the written reply to it respectively. The appellant, who was the only witness in his side of the case, was the son of the late Anyigulile Ipenjola who died in February 1995. The shamba in dispute belonged to the late Anyigulileo The respondent claimed that the late Anyigulile sold the sha.mba to him for shs.300,000/=:: in 199L~o The respondent summoned two witnesses in support of his side of the caseo ~I:hey were ,the wife of the late Anyigulile, Hehema Salwioo. (DW2), and their cell leader and neighbour (DW3)o Dl:J2 confirmed that her late husband sold the shamba to the respondent. After the death of Anyigulile the respondent wan.ted to cut down some tea plants on the shamba in order to build a house. He summoned tea . ·/· agricultural experts in order to seek theiJ:, epinion and adviee, and it was DW2 in his presence who showed them the bou,ndaries cf the shamba. ·nw3 said he was ' i . •••e•oo•·•/ 2

2 summoned by the J.ate Anyigulile to witness the sale :trarisa.ction of the _sp.amba in dispute between •him. and the respondent.. A police officer, Nurud:ini Nchimbi, was·called.by the respondent to witness·the transaction. The late Anyigulile took both witnesses and the respondent to•the shamba and showed them the boundaries. The sale agreement was reduced in writing on 1.1.95, and it was duly signed by the seller (the late Anyigulile), the buyer (the respondent), and both witnesses., With respect, I find no merit in this second appeal., The concurrent finding by both courts below tt the land in dispute is t.he property of the respandent could not be faulted on the evidence and in the circumstances There wa.s.' sufficierit belie·,i:able and ·material evidence which established ec1. the balance of probahilities that. the ovmership of the shamba had passed on to .. the respondent consequent upon a valid agreement of sale btween· him and the lafe· Anyigulile, the former o .... mer of the land. I find nothing in the meinorandu-ri of appeal which would have detracted from the finding that. th.e land . in dispute blongs to the respondent. • • I accordingly dismiss this second a.ppeal with costs here and in both courts below. AT MBEYA. 20 November .1998. For Appellant: Absent. For Respondent: Absent. • JUDGE. • '1 • • 'I