This is an appeal from the judgment and decree of the High
Court in Land Appeal No. 58 of 2016 which was pronounced on 17/04/2018 at
Dodoma. The Appellant was a long time tenant to the house standing on Plot No.
4 Block 4, Street No. 11 in Dodoma. The house belonged to a certain Kannah
Jambo Awadhi, now deceased. Upon the death of the said Kannah Jambo Awadhi, the
second Respondent through Shauri la Mirathi No. 34/2006, was, on 16.10.2006,
appointed by the Primary Court of Dodoma at Chamwino as Administratrix of his
estates. The disputed house was one of the properties under the estates of the
deceased. In a somewhat bizarre twist of things, through a case christened Shauri
la Mirathi No. 34B/2006, the same Primary Court on 08/04/2014, appointed
one Hassan Jambo Awadhi (now also deceased) as administrator of the estates of
the deceased Kanna Jambo Awadhi in place of the second Respondent.
Consequent upon his appointment, he (Hassan Jambo Awadhi)
transferred the title to the disputed house to the Appellant. The first
Respondent, consequently, rectified the Land Register on 12/12/2014; that is,
from the name of Kannah Jambo Awadhi to the Appellant’s, Barnabas Msabi
Nyamonge (see p. 28 of the record). At a later stage, the second Respondent
complained to the District Court seeking its indulgence to revise and nullify
the proceedings of the Primary Court in Shauri la Mirathi No. 34B/2006
which appointed Hassan Jambo Awadhi as administrator of the estate in her
stead. Consequently, the District Court of Dodoma at Dodoma called the record
of the Primary Court and opened Civil Revision No. 4 of 2015 and with a view to
seeing whether there was any incorrectness, illegality or impropriety complained
of in its record. The District Court, on 29/07/2015, nullified the appointment
of Hassan Jambo Awadhi and restored the second Respondent as administratrix of
the estates of the late Kannah Jambo Awadhi.
Following the restoration, the second Respondent applied to the
first Respondent to have the Register rectified accordingly. Consequently, the
first Respondent, acting under the powers bestowed upon him by section 99 (1)
(f) of the Land Registration Act [Cap 334 R.E. 2002] rectified the Register
accordingly by cancelling the name of the Appellant and restored the name of
Kannah Jambo Awadhi. The Appellant was not happy with the action taken by the
first Respondent. He appealed to the High Court challenging the decision made
by the first Respondent. The High Court dismissed the appeal. Undeterred, the
Appellant has come to this Court on appeal.