Salima Abdallah vs Ramadhani Chuma ((PC) Civil Appeal No. 7 of 1997) [1998] TZHC 2144 (25 September 1998)

IN THS HIGH COURT OF TANlANIA . , (DAR 1,.;s. s;:1.LAM1 DISTRICT REGISTRY) AT DAR ES SALAAM (PC) CIVIL APPEaL NO. 7 OF 1997 (From the decision of the District Court of Ila.la at Samora ,wenue Civil ,\ppeal No.11 ot 1996 Original Buguruni _Primary Court Civil Case Oo 18 of 1997) . \ SALIM!,. 1'.BDM.LJ.H 00000000000000000000000000000000000000 APPELUuT Versus R/IJVifWI-LNI CHUMA • "" •••••••••••••••. • •••••• ·. • • • • • • • • • • • • • RESPONDENT . ' CHIPETA, J.: This is a second appeal by the appell311t, Salima I1.bdallah. The bc:ckground of tjle matter is that mnny yeo:rs ago, one Ali l,.tbu;iiani and his elder brother used to live in the disputed piece of land. The piece.lof land was later taken over by the Government and i'i.li i,thumani and his elder brother were compensated fully. Sub- sequently the elder brother died, and li.lj. ii.thumani gave a portion of that piece of lnnd to the respondent, Rarnadhani Chuma. The respondent then . removed from that portion of tlre piece of land whatever was there, built a hut and started growing vegetabJes on that portion of the land. It was then that the appe_llant, who is a daughter of i-1.li Athumani's elder brother, sued.the· responent for recovery of thnt portion of the piece of land and for compensation for crops said to have been destroyed • by the respondent. The trial court held that the respondent lawfully went into occupation of that portion of the piece of land, but it awarded the appellant Shs. _60,000/= as compensation. On appeal to the District Court,. that court agreed with the decidon of the trial court, but it ass1:;ssed compensation at Shs. 200,000/=. •

2 With respect +o the appellant 11 I think that she got a very fair de3.l in the circur;istances, and I note that that s..im has already been paid by the respondent to the appella..-rit o That piece of land belongs to the Government and so, none of the p3Tties has a right to claim its ownershipo For these reasons 11 I can see no merit in this appealo The same is accordingly hereby di.smissedo Each party shall bear his/her own costs in this courto Bo D o CHIPltTt. JUDGE ORDER This judgm8nt shall be certified to Ilala District Court for delivery to the parties. I< AT Di'IR ES Siu,i\Ai.111 o 25th September, 19980 JUDGE .4· ,.