The Appellants formed part of Ipala village community within Nzega District in Tabora Region. On 3rd April 1997 the office of the District Commissioner served them with a notice to vacate their village before 30th June 1997 because they were illegally residing within a forest reserve. Upon the expiration of the period indicated in the notice the Government demolished their houses. The Appellants, who claimed to represent 18,000 residents in 1,355 families at Ipala Village within Nzega District, sued the Attorney General for a declaration that their eviction order was illegal, compensation, any other relief and costs of the suit. Evidence on record showed that only railway workers of Ipala railway station were authorised to stay at Ipala station on account of their jobs. The issues were, firstly, whether the Appellants were entitled to the right to possess land under customary law, or, in the alternative, whether they were at least licensees of the Appellant; and secondly, whether the Appellant’s action of destroying their property amounted to trespass attracting compensation for general and special damages.

