Hawa Iddi vs Said Salumu Semkambi (PC Civil Appeal No 25 of 1988) [1991] TZHC 2097 (17 September 1991)

RUDAMA,J: IN THE HIGH COURT OF Tf:.NZi.Nill AT DAR ES SLLM (PO) CIVIL APPEAL NO. 66/<9GO From the.decision of th0 District Court of Tefileke at Dar es Salaam in Civil Appeal No. 25 0£ 1900. H.ii.WA IDDI ••••• ., •••••••••••••• A1) P.8LL.ilNT versus SAID Sll.LUMU SEMKAMBI ••••••••• RES?ONDENT JUDGMENT , The pa"ties' to this suit are neighbours. ?..A-.V1l SAID, appellant/ plaintiff flaimed before Mbagala Primary Court, Temeke_District that SAIDI SALUM SENEKOivl:i3I had encroashed int.o h•r :.a:J.d. On a split decisibn• the two assessors held that she; li;iWA SAI:::>I haa. established her case. The trial· mc:.gistrate dissented. S...i.IDI SALUitI S.ti:N.8KOM.i3A successfully appealed to the District C::iurt f Teweke District at Kivukoni Front. HA.WA SAIDI has now appealed against that j'.ld _;iJent·. Both the trial and•first appellate corts have been to.view the. land in dispute. Having gone through the record and oonsider~d. the evidence on recortl and the grountj.s of appeal, I hold that the finding of faots by the learned trial magistrate which is upheld by the ~irst a;ipe_llate court is sound. The trial magistrt:.te gave reasons for the finding as did the first appellate court. T'.:is finding is borne out by the appellants, as well as respondent's ev:Ldence. The appeal is without me:rit and is aocordingly dismissed 17/9/91 Coram - RU.311.MA,J

• Ap~ellant absent. Resp f prese-nt JudgQent delivered. DAR ES SAL.4.tlM 17th Se.ptember,. 1991,,, .nroGE 17/9/91 ~¼· YAHYA RUjj'iJi!A ~ JUDGE ....