This appeal arises from a
dispute over a parcel of land Plot No. 23 & 24 Block C, situate at Kunduchi
Mtongani area, Mbezi within the City of Dar es Salaam between the Appellant, on
the one hand, and Gizelle Mbaga (administratrix of the estate of the late John
Japhet Mbaga), the first Respondent and Philemon Ndyana, the second Respondent,
on the other. The Appellant unsuccessfully sued the first Respondent in the
High Court in which he claimed for, inter alia, a declaration that he
was the lawful owner of Plot No. 23 & 24 Block C, Kunduchi Mtongani area,
Mbezi within the City of Dar es Salaam. Dissatisfied, he has come to this Court
on first and last appeal. The High Court found that the second Respondent was a
lawful owner of the disputed land and declared him as such. That suit proceeded
ex parte as against the first and third Respondents having defaulted
appearance. In this appeal, the Appellant seeks to assail the decision of the
High Court on six grounds.

