Juma A. Said vs Mary E. Swai ((PC) Civil Appeal No. 90 of 1990) [1991] TZHC 2058 (31 July 1991)

--...: IN TBE HIGH COURT OF' T.AHZJJHA ... AT .DAR ES SALAAlVf (PC) CIVIL .Al>PEA.L NO. 90 OF 19zO JUMA A. SAID 0 ♦ o O O O Cl o o O t O o O O O O O O • ·f> Cl 0 M}JlY E. SWJJ oooeooooocooooooocooo•o JUDGMEU This is a second appeal by Juma ·saidi ac;einst concx:-rent findings of fa.ct;· by Temeke Primary Court, Temeka District and the n~.at:r:! c-t Cou.:ct of Temeka District at Kiwkoni Front that the land i~1. dispute "be.:.cngs to Mary ::Jlibarild Swai. 1 the respondent. Havil'.lg gone through the record =>f the proceedings a.ni . having considered the grounds of appeal, I see 110 room for this second .. , · Court :for changing the firidings of the two subordi.na::e Courts. They are fully_... based on . the _evidence on record. The respondent had purchased the land in ~ dispute from a person who had capacity to scll:it as witnessed by the long . . - . uninterrupted occupation of the same and :further by the .iming of the dispute ~ I by the appellant i.e. after the death of the so11e·2·. Why was the resp0nd.entt £ii. ownership of the land in dispute ohallel'.lged by the appellant before the dea.th of the peI·son that had sold the land to hero The appeal is dismissed with costs. Coram: -· RUBAMA, JUDGE Parties, - Absent Judament delivered Order: . . _> I

• The Registrar J .· r ~:-•y rt ♦ •.fl ' .--::~2~~ ·Sgd: Y. Rubama Judge -31/7/91 Judge· ., ,-.·