The Appellant unsuccessful filed an application before the trial tribunal against the Respondents claiming for allocation to her of Plot No. 58 Block “A” Mangowela Mtwara. The Appellant, together with other villagers of Mangowela owned Land (farm) at Mangowela area under customary land right before it was surveyed in 1995. However, since then the Applicant was neither allocated a plot of land nor compensated. Instead her area of occupation was allocated to the 2nd Respondent. In this appeal, the Court was left to decide as to whether when an area is declared a planning area, it automatically extinguishes customary land rights.

