The Appellant, acting as the administrator of the estate of
the late Makungu Sengerema, is challenging the decision of the High Court of
Tanzania at Mwanza in Land Appeal No. 04 of 2010 delivered on 5th
day of August, 2014. The suit commenced as Application No. 31 of 2007, in the
District Land and Housing Tribunal for Mwanza at Mwanza, wherein the
Respondent, the Registered Trustees of Islamiya Education Foundation, allegedly
owner of the plot in dispute sued Makungu Sengerema for an eviction order and
that the structures erected thereon be demolished. The Appellant filed his
defence resisting the claim. In addition to that, he filed a counter-claim,
claiming ownership of the plot in dispute alleging that the plot in dispute
belonged to him and that he had not been paid compensation on the same. He
claimed for the re-possession of the plot and/or as a lawful owner of the said
plot be compensated for the same as well as the two tombs, plants, four houses
on the plot and he be paid transport allowance.
After a full trial, the District Land and Housing Tribunal
dismissed the counter-claim and upon being satisfied that after the valuation,
the Appellant was duly compensated then, the case was decided in favour of the
Respondent. Dissatisfied, the Appellant lodged Land Appeal No. 04 of 2010 in
the High Court to challenge the decision of the District Land and Housing
Tribunal. The High Court dismissed the appeal for want of merit. Still
dissatisfied, the Appellant acting as an administrator of the estate of the
late Makungu Sengerema, filed this second appeal.