The Respondent lodged a land dispute before the Ward Tribunal against the Appellant claiming that when he was born in 1963, his father had been occupying the disputed land and other relatives have been using it. Different disputes had arisen between his clan and other persons, but they had been decided in favour of his clan and lastly, he was given the land. The Appellant’s evidence before the Ward Tribunal was that the land was allocated to his father by a local authority (WDC) in 1960, his father used it up to 1993 when he died. The Appellant then used the land together with his children up to 1997 when they stopped using it. The Ward Tribunal ruled in favour of the Appellant. The Respondent was aggrieved by its verdict and appeal to the DLHT. The DLHT unanimously reversed the Ward Tribunal’s decision on three grounds. One that prior to this case there was a case between the Respondent and another person, one Nuru Rashidi, in respect of the same land and the dispute was ended in Respondent’s favour. Two; that so long as the Respondent was the secretary of the Ward Tribunal he could easily influence the decision of the Ward Tribunal. And three; that there was no proof that the land was allocated to the Appellant’s father as there was no proof beyond reasonable of the Respondent’s continuous use of the same without any interference by the Appellant.

