The plaintiff/Appellant applied for a prospecting right from the Commissioner for Mines and was granted with one. Having obtained the prospecting right he went to Nzuguni village where the village chairman assigned him four old men familiar to the area. He was led to Madengi Hill where he demarcated an area for himself in which he was to carry out prospecting for gold. In order to facilitate his prospecting activities, the Appellant carried out developments in the area including the making of an access road to the area. It was the Appellant’s claim that he obtained a temporary claim title to the area he had demarcated. The trouble began when the Commissioner declined to register the Appellant’s claim to the area which he had demarcated. In their written statement of defence the Respondent claimed that efforts to have the claim registered by the Commissioner were frustrated by the Appellant himself and also by the fact that the Appellant had not completed legal requirements.