The Appellant, being administratix of the estate of the late
Theobard Rukanga instituted Land Case No. 73 of 2006 against the
Respondents herein jointly and severally for a declaration order that
the purported sale of the house on plot No. 654 Block ‘B’ Sinza, Dar es
Salaam carried out by the 2nd Respondent on instructions of
the 1st Respondent to the 4th Respondent through the 3rd
Respondent was unlawful and it ought to be nullified. Moreover, it was the
Appellant’s claim that, the alleged purchasers, namely the 3rd and 4th
Respondents, were not entitled to possession of the said property into the Appellant’s
title.
The claims of the Appellant were denied by the Respondents in
their respective written statements of defence. The 3rd and 4th
Respondents as well filed a counter claim contending that, the 4th
Respondent was a bona fide purchaser of the disputed property and prayed
for eviction of the Appellant among other orders. The trial court in its
decision dismissed the suit with costs and entered judgment on the counter
claim for the 3rd and 4th Respondents.
Aggrieved, the Appellant has lodged an appeal which contains
seven grounds of complaint. When the appeal was called for hearing, we wanted
to satisfy ourselves on the certainty of leave to appeal on account of
variation on the dates in the respective Ruling and Drawn Order. We thus
invited counsel for the parties to address us on the matter.