This matter is of its own kind, where the Court of Appeal
was required to determine the issue of ownership of land whereby two different
ward tribunal delivered judgment over the same disputed land to different
parties. Maulid Juma instituted a suit against Ismail Mrindoko at Makuyuni Ward
Tribunal claiming Ismail Mrindoko to have encroached onto his land. The
Makuyuni Ward Tribunal delivered its decision in favour of Maulid Juma. Later
on, Ismail Mrindoko instituted a suit at the neighbouring Mto wa Mbu Ward
Tribunal claiming the same land which Makuyuni Ward Tribunal already decided.
The matter was heard ex parte in favour of the Ismaili Mrindoko.
Aggrieved, Maulid Juma unsuccessfully appealed to the District Land and Housing
Tribunal. Again, unsuccessfully appealed to the High Court. After failing in
his bid to appeal, Maulid initiated the execution proceeding of the decision of
the Makuyuni Ward Tribunal. After becoming aware of the existing two decisions
over the same disputed land, the Tribunal decided to refer the entire record of
proceedings to the High Court seeking its directives. The High Court after
receipt of the record of proceedings referred the matter to the Court of Appeal
for its directives and necessary orders. The main issue before the Court was
whether or not the Mto wa Mbu Ward Tribunal had geographical jurisdiction to
entertain the matter.