This is the second appeal originating from the District Land
and Housing Tribunal. The parties are relatives and the dispute between them
based on the ownership of the disputed housed. On one hand, the Appellant
alleges that she was a tenant since 1979 and later on she purchased the
disputed house from the Respondents’’ father. On the other hand, the first
Respondent is claiming ownership alleging that her husband purchased it from
NHC through tenant purchase scheme. Upon the Appellant discovery that, the
title of the disputed house was in the name of the first Appellant, she
successfully instituted two criminal cases, one, in the Primary Court of
Kinondoni against Respondents’ father for obtaining money by false pretence and
second, in the District Court of Kinondoni seeking a declaration order that she
is the rightful owner of the disputed house together with all improvements.
Later on, the first Appellant filed an application in the
Tribunal against the Appellant and the second Respondent seeking vacant
possession and compensation for unlawful occupation. On the other hand, the
Appellant raised a counter-claim against the Respondents. The Tribunal decided
in favour of the first Respondent. Dissatisfied, the Appellant appealed to the
High Court complaining the dismissal of her counter-claim. The Court dismissed
the appeal by upholding the decision of the Tribunal and gave monetary
compensation to the first Respondent. Aggrieved, the Appellant filed this
second appeal.