The Appellant was the defendant in Civil Case No. 52 of 2012
filed by the Respondent (then the plaintiff) at the Land Tribunal of Zanzibar
Vuga Majestic, with claims that the Appellant was a trespasser in a plot of
land situated at Uroa, Central District, Zanzibar which had been illegally
transferred to two of its Directors. The Land Tribunal decided in favour of the
Respondent.
Aggrieved by the decision of the Land Tribunal, the
Appellant’s appeal to the High Court of Zanzibar at Vuga in Civil Appeal No. 40
of was unsuccessful, hence the current appeal to this Court. The appeal was
confronted with preliminary objections, where the Respondent challenged the
competence of the appeal in terms of rule 107 (1) of the Court of Appeal Rules,
2009 (as amended). The Notice of Preliminary objections with two points, one of
which was in alternative to the other was filed on the 29th June,
2020. These points were supplemented by two other points of objection filed on
the 4th December, 2020 in the Supplementary Notice of Preliminary
objection with two more grounds.
In amplifying the points
raised as preliminary objections, Counsel for Respondent commenced his
submissions arguing on the first point of objection found in the notice of
preliminary objection filed on the 29th June, 2020 that challenges
the competence of the appeal, and contended that the appeal lacks a valid leave
to appeal to this Court. Another point of objection raised by counsel was to
challenge the competency of the appeal on claims that the memorandum of appeal
filed is defective for erroneously stating that the appeal arises from the
decision given on 26th July, 2017 in Civil Case No. 40 of 2016 while
the decision desired to be appealed against emanates from Civil Appeal No. 40
of 2016. He argued that this glitch offends the provision of rule 93(1) and (3)
of the Rules as amended and is thus in contravention of the law.