Atuoch S/O Seto vs Ogiro S/O Mayani (PC Criminal Appeal No. 4 of 1990) [1991] TZHC 2381 (3 July 1991)

(. IN THE HIGH COlffiT OF TANZANIA AT J\t;WANZA (PC) cr._rMINAT, ,\PflS,I NO. 4 OF 1990 (Prom the decision c; ::::,e District Court of Ta rime ·:n Crim5. t"., 1 } nppeal No. 9/90. Before: o.·;Malam:::,ha F-sqo D/M.) AT UOCH S/0 .SETO Al?PEU,ANT OGI10 S/0 MAYANI ••••••••••••"•••••••• RESPON1)ENT JUDGMENT KAJI 1 PRM - Ext. Juris. The appellant or.uocH SETO was the complainant at Nyaburongo . Primary Cour.t wher.e hA acc1se-i the responient OGPW MAYANI for forceable entry into a lard c/s 85 P.C. and malicious 1amage to property c/s 326(1) P.C. Ogiro was founri guilty as charged. He was sentenced to one year. anti 2 yea rs impr.isonment res pee ti vel y. • · .. Ogiro appeal eel before Ta rime District Court where he won the appal. The District Court held that the ownership of the land in dispute was uncertain. Oluoch was dissatisfl.d and hP•-ir.::e this appeal. According to thE> evidence in the recorn there is a ,:_sn;..:it riispute between the appellant Oluoch and the respon-ient Ogiro as '.:,) who is the: legal owner of the land upon which Ogiro was alleged l :,ve trespassed. It is upon that lund where some crops are all ege1· ·c-:;, h:, ,;,"' been destroyed. WhUs? the appellunt 01-t!och-ma::J:t:,i:'..nr-d that that land is his nd that he Weis ali"ocated by the relevant authot'i ty, the respondent Ogiro mclintained th sc:im-2 to be h:Ls and that he was alloc3ted by the relevant ctu-chori ty. Under these c:ircumsta·nces a charge of forceable entry cannot stand due to u defence of claim of r.l0ht in goo1 fuith. The right fc:'.'um for- deb=>rmining owner.ship is a Civil litigati_on. Let whoever is claimins the Janti and crops to be his file a civil suit. The jUf"lgntimt __ .c>f"'the-1)-'s.:t.rict.Coui:-t was proper. Appeal dismitsed. I l At Mwanza, ; ';ct i{y, 1991. \ ' "• \ For app'ellent - absent. - I Eor Raspon<1ent - a.bscint., ,, \ \ ' 3/7 /91.