The Appellant was living with her husband on a plot believing that it was surveyed upon when bought by her husband from one Athanas Maligeni in 1988. It was the Appellant’s assertion that after the death of her husband she found the Plot had already been allocated to the Respondent and was trespassing on the said land. The Respondent on his part claimed that he had been allocated the said plot by the government in 1992 after the same had been surveyed in 1983. The land officer clarified that upon the disputed land having been surveyed they allocated the land to the Respondent. The Appellant sued in the Ward and in the District Land and Housing Tribunals where she lost the case in both tribunals, hence appealing to the High Court upon being aggrieved. The grounds for appeal were that the Tribunals failed to correctly evaluate evidence on records

