Salima Abdallah vs Ramadhani Chuma (PC Civil Appeal No. 7 of 1997) [1998] TZHC 2416 (25 September 1998)

IN THE HIGH COURT OF TANlANIA (Di\R ES S,\Lf-u'\M DISTRICT REGISTRY) AT DAR ES SALAAM (PC) CIVIL iuJPE,i.L NO. 7 OF 1997 (From the decision of the District Court of Ilala at Samora ,:,venue Civil ,\ppeo.l. Noo11 ol 1996 Original Buguruni Primary Court Civil Case Oe 18 of 1997) SALIM,'. ;,BDII.LLAH eooooooooooooooooooooooooooooooooooooo APPEI.,LJ'1NT Versus Rl.i'11WI-LJH _CHUMll 0 aoooaoooooooocooooooooooooooooooooooo .RESPONDENT " JUDGMENT CHIPETA , J. : This is a second appeal by the a 1 Jpell,:~nt 7 Salima Abdallah. t. The background of the matter is tho.t □ My yeors ago, one Ali l,tbui11ani and his elder brother used to live in the disputed piece of land. The piece of land was later taken over by the Government and Ali Athumani and his elder brother were compensated fully. Sub- (' sequently the elder brother died, and f-1.li i{thumani gave a portion of that ... piece of land to the respondent, Ramadhani Chuma. The respondent then .. removed from that portion of the piece of l1:1nd whatever was there, built a hut a..'ld started growing vegetables on that portion of the land. It was then that the appellant, who is a daughter of I-1.li 1\thumani 9 s elder brother, sued the respondent for recovery of that 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 awD.I'ded the appellant Shs. 60,000/= as compensation. On appeal to the District Court, that court agreed with the decieion of the trial court, but it ass0ssed compensation at Shs. 200,000/=. ll °"',14,,,,,;;

,,. ' ' ~ ·.:.{:!?'.:~ 2 With rGspect :o the appellant, I think that she got Cl very fair deQl in the circumstances, and I note that that 12 .lm has nlre ady been paid by the respondent to the appella.11.t o That piece of lnnd belongs to the Government and so, none of the p3rties ho.s a right to claim its ownership. For these reasons, I can see no merit in this appealo The srnne is ccordingly hereby dismissedo Each pro-ty shall bear his/her own costs in this court., !/ •.\ ., .. B • D • CHIPltTi. JUDGE 0 RD R This judgment shall be certified to Ilala District Court for 'deli very to the partieso AT D_\R ES SALAAM. 25th September, 1998. B. D. CHIPETA JUDGE t

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