The suit originated from the Kirumba Ward Tribunal, where the Respondent successfully sued the Appellant. The subject matter of the case is a controversy over stones which were dug by the Respondent. The Respondent, thereafter, lodged criminal charges against the Appellant in the Ward Tribunal. The Tribunal convicted the Appellant and sentenced him to three months’ imprisonment. He unsuccessfully appealed to District Land and Housing Tribunal. Being still aggrieved by the decision of the District Tribunal, he appealed to the High Court of Tanzania. The Appellant contested the powers of the Ward Tribunal to handle a criminal matter and the powers of the appellate Tribunal to entertain an appeal of this nature.

