This appeal arises from the decision of the High Court of
Tanzania (Dar es Salaam District Registry) at Dar es Salaam in Civil Case No.
272 of 2012. In that case, the Appellants sought a declaration that they were
lawful owners of plots of land Nos. 1022-1030, Block “A” in Mbweni area, Dar es
Salaam together with other reliefs.
The Respondent denied the Appellants’ claims contending
that the demolition was lawfully done in execution of lawful order of the
Resident Magistrate’s Court of Dar es Salaam at Kisutu (the Kisutu Resident
Magistrate’s Court) in Civil Case No. 286 of 2000. It was her contention that
the Appellants trespassed into her land, the result of which, following the
decision of the Kisutu Resident Magistrate’s Court in the above stated case,
the structures built thereon by the Appellants were demolished. It was her
defence that the Appellants were not entitled to the claimed damages.
Having heard the case on
merit the trial Judge found that the Appellants had failed to establish their
claims. The Respondent was declared the lawful owner of the suit land. The
Appellants were aggrieved by the decision of the High Court hence this appeal.
Upon deliberation by the court, with a view of making a decision on the appeal,
it transpired that during the hearing of the preliminary objection, an
important issue arose but its determination was deferred until after the
parties had been fully heard. Unfortunately, however, after the trial, that issue
was not decided.