The Respondents were accused of forcible entry contrary to section 85 of the Penal Code [Cap 16 R.E. 2002]. The Respondents were acquitted of the offence with which they were charged. Thereafter, the Appellant unsuccessfully appealed against the Respondents’ acquittal in the District Court. The Appellant claimed before the trial court that the land in dispute was his land by virtue of another Criminal Case No. 29 of 2004 between him and one, Duza Milumbe (deceased) which case was ruled in his favour in respect of an offence of forcible entry contrary to section 85 of the Penal Code. In that case, Duza Milumbe, was convicted and sentenced to pay a fine of Tshs. 20,000/= or in default to two (2) months in jail. The 1st Respondent defended himself pleading that he was a mere tenant in the house which belonged to the 2nd Respondents. The 2nd Respondent also defended himself and said that the house in dispute which he rented out to the 1st Respondent had been gifted to him by the late Duza Milumbe. The testimonies of the 1st and 2nd Respondents were supported by one Julius Dawmskel (SU2) who was the Chairman of the Village Council where the land in dispute is situated.