Onesmo Mtwale vs Simon C. Machaka ((PC) Civil Appeal No. 22 of 1990) [1991] TZHC 2417 (29 August 1991)

IN TIB HIGH C01JRT OF TANZANIA AT DODOMA (PC) C!VIL APPE.AL N0.22 OF 1990 FROM T!IS l}.:;c1sI01: 07 'EiC :iJI~-TtIC''r COffiT-OF DODOMf~ . . L-.' JODOJ.vu\ IN CIVIL Jr.?PBM:t N0.69 07 1909-! - original kikorabo priary court civti cnoc rto.i? f 1989 OllJESHO :MTWALE ••• • ••••• ., • ••• • •• • ••• APPELLANT VER3US Siil'iON Co MA CHAKA. • •• • •• • , • •• • • • • • .RESPONDENT JUDGMENT

The dispute between the parties is over a piece of land situated at Chololo village Kikorabo, in Dodona_ district. In a suit filed at Kikonbo prima.ry court by the respondent, Siraon ifachalrn, · against the a,_Jpellant 9 OnesrJo lVItwde, it was held that the respondent is the lawful owner of the lcmd in dispute. The district court was of the se.1-ae opinion~ This is the apj?ellant I s second appeal• The parties own land, and they share a counon boundary. The respondent's allegation was that the appellant had encroached into his lnnd by crossing over the hedge which separate their respective lands. Ile called witnesses who supported hin that the hed 6 e was the coomon boundary. The appellnnt's evidence that a strear.1 divided their respective lands, was rejected by the lower courts. There was clear ' evidence that the appellant had encroached on the respondent's land by sane five :r:1etres. This was established by oral evidence, o.nd the prioa.ry court viewed the land in dispute clJld found that'the appellant had planted tre0s inside the respondent's 18.nd and hcl noved sone five paces fror.i the co~non boundery. On the evidence on record, the lower courts properly found thd the lc..nd in dis 1

Ute belongs to the respondent. The appeal is disnissed with costs, AT DOD OiV-~ 29 Aw.;ust 1991 AppellD.nt :i_>r1...s~mt Respondent pr0sento JUDGE