This is a second appeal arising from an application brought by the Appellant at Igogo Ward Tribunal where the Appellant was the Applicant/complaint. The application was dismissed in favour of the Respondent and being dissatisfied, the Appellant unsuccessfully appealed to the District Land and Housing Tribunal of Mwanza. The Appellant still aggrieved and dissatisfied with the decision of the lower courts preferred the present appeal. The dispute in this matter is over a piece of land used as a pathway or easement and a water course or drainage during the rainy season. The Appellant intended to build a wall on the suit land to prevent rainwater from flowing into his house.

