The Appellants are challenging the decision of the High
Court of Tanzania at Mwanza in Land Appeal No. 122 of 2015 delivered on 27th
day of April, 2016. The suit commenced as Application No. 21 of 2014 in the
District Land and Housing Tribunal for Geita at Geita, wherein the Respondent
sued the Appellants for trespass. He claimed for the repossession of land the
Appellants trespassed upon and as the lawful owner he be paid compensation of
the same together with the destroyed properties thereto. The Appellants in
their respective defence denied to have trespassed into the Respondent’s land.
They claimed that the land in dispute did not belong to the Respondent. After a
full trial, the District Land and Housing Tribunal decided in favour of the Respondent
where it ruled out that the Respondent was the lawful owner of the land in
dispute. In addition to that, the Appellants were ordered to make compensation
for the destroyed crops and trees.
Dissatisfied, the Appellants filed an appeal in the High Court
of Tanzania at Mwanza to challenge the decision of the District Land and
Housing Tribunal. The High Court partly allowed the appeal. Further to that, it
ordered the matter to be remitted to the District Land and Housing Tribunal for
re-trial. Still dissatisfied, the Appellants have filed this second appeal.