The dispute that led to the present appeal involved the boundary of the Appellants’ unsurveyed piece of land and the Respondent’s surveyed piece of land. It was claimed in the District Land and Housing Tribunal of Tanga that the Appellants had encroached into the Respondent’s surveyed land. The disputed piece of land was a quarter of an acre which, as it was alleged, initially belonged to the third Appellant who in turn sold it to the 1st and 2nd Appellants. The third Appellant in particular stated that the bacons that indicated the boundaries had been removed and planted in part of his land. Having heard the case, the Tribunal gave judgment to the Respondent. The Appellants were dissatisfied and appealed to the High Court raising a number of grounds including that the encroachment was not proved and that the matter before the Tribunal was res-judicata as it was the subject of another case previously decided. The main issue that the High Court had to resolve was whether the Appellants encroached into the Respondent’ land.