The centre of controversy between the Appellants and the Respondent is a parcel of land christened as Plot Nos. 119 and 121 Block “TT” (MD) Kizwite area within the Municipality of Sumbawanga, Rukwa Region (henceforth “the disputed land”). This land was surveyed in 2003 and the disputed land was allocated to the Respondent for a term of 66 years. Before the survey, the disputed land was occupied by the Appellants. It is not contested that the Appellants asked for compensation but were not compensated and any follow up with the Municipal Council to the effect did not bear any fruits in seven years. Thus in 2011 the Appellants decided to build a house on the disputed plots. Having seen the Appellants have built a house on plots which were allocated to him, the Respondent instituted a suit for trespass in the District Land and Housing Tribunal claiming for, inter alia, a declaration that he is a lawful owner of the disputed land. The Respondent won the case; the District Land and Housing Tribunal declared the Appellants trespassers and that the Respondent was a lawful owner of the disputed land. Aggrieved, the Appellants have preferred an appeal to this court on three main grounds of grievance. These are:
That the Tribunal Chairperson erred in law and fact in failing to consider and order the issue of compensation to the Appellants due to the fact that he ruled that the Appellants need to be compensated and hence reaching to a wrong decision.
That the
Tribunal Chairperson erred in law and fact in failing to consider the question
of long stay of the Appellants to the disputed land herein and thus leading him
to a wrong decision.
That the
Tribunal chairperson erred in law and fact in failing to consider the evidence
of the Appellant herein that to date they have not been compensated for the
purported acquisition of their land and hence there is nothing like acquisition
thus leading him to a wrong decision.