In 1995 Bweri area within the Municipality of Musoma in Mara Region was surveyed. The Appellant was allocated Plot No. 218. It happened that the land on which this plot was situated was occupied by the Respondent before the same was surveyed. The Respondent was not compensated for unexhausted improvement therein. The Respondent built a house in the plot, allegedly in 2003. At some point the Appellant brought some building materials at the disputed plot.
The Appellant filed a suit for trespass but lost the case. He then filed an appeal arguing that the trial court erred for ordering compensation to the Respondent on all projected development hence failing to observe that; compensation for unexhausted improvement on the suit plot was vested with office of the Regional Administrative Secretary (formerly Regional Development Director), the compensation for a house standing on the suit plot was illegal as same was built after the suit plot had been surveyed and allocated, compensation for a house standing on the suit plot would be illegal as same was built offending. He also said the trial Chairperson erred in law and fact vesting ownership of the suit plot two persons while the same was allocated to the Petitioner alone.