This is an appeal against the decision of the High Court of
Tanzania, Land Division dated 27/11/2015 in Land Case No. 262 of 2013. In that
case, the Respondent sought an eviction order against the Appellant from a
house situated on Plot No. J 712 in Manzese Kilimani area, within the Dar es
Salaam City. The Respondent claimed also for damages arising from the
Appellant’s continued occupation of the premises despite the eviction order
issued by the District Court of Ilala in Criminal Case No. 463 of 1990. The
Appellant disputed the Respondent’s claims stating that the Court order
had no legal force because it was quashed by the High Court in Criminal
Revision No. 43 of 1995.
Although the trial judge was of the view that the eviction order
which was relied upon by the Respondent in his claims was non-existent, the
learned trial judge still found that the Respondent was the lawful owner of the
house by virtue of having purchased it from one Max Massawe. The court thus
ordered the Appellant to vacate the premises. The Appellant was also ordered to
pay Tshs. 20,000,000.00 to the Respondent as damages for the hardship which he
experienced as a result of the Appellant’s continued occupation of the suit
premises while he was not its lawful owner. The Appellant was aggrieved by the
decision of the High Court hence this appeal.