This appeal involves a dispute over a parcel of land
situated in Plot No. 60 Block 14 Chinangali West in Dodoma Municipality (now
Dodoma City) and registered in the name of the Appellant. On 26th
October 2016 the Respondent, Faraji Ally Saidi, filed a suit, Land Case No. 14
of 2016, in the High Court at Dodoma against the Appellant.
The Respondent claimed that on 2/11/2015 he entered into a
Sale Agreement to purchase the Appellant’s parcel of land. After signing the
agreement, the Appellant handed over to him his original Offer of land title.
As consideration for their Agreement, the Respondent paid the Appellant a sum
of Tshs. 134,200,000/= being part of the purchase price. He promised to pay the
remaining instalment of Tshs. 30,800,000/= upon the Appellant handing over to
him his Title Deed. When Respondent reminded the Appellant to hand over Title
Deed, the Appellant reneged from his part of sale agreement requiring him to
hand over the Title Deed. The Respondent claimed specific performance of the
agreement of sale of the Appellant’s land.
The trial court entered its judgment in favour of the Respondent
and issued several orders. The Appellant was aggrieved by the decision of the
trial court, hence this appeal.