One Richard Kweka (DW3)
happened to own two plots which were adjacent to each other. They were Plots
Nos. 16 and 17 Kindi Msasani within Moshi District. One of them was developed
in that a house, the suit property, was built on it. In the suit as well as in
his evidence in court the Appellant claimed that, that development was done on
Plot No. 16 and was the one sold to him by DW3. He wanted the Respondent, to move
out of the suit house contending that he was a trespasser. To effectuate his
desire, he instituted a suit against the Respondent before the High Court.
Conversely, the Respondent firmly refuted the Appellant’s assertion and, in
contrast, claimed that the development was effected on Plot No. 17 and that the
unfinished house was sold to his son one Deo Asenga (DW2) and he further
developed it. He claimed therefore that he was occupying that house after being
given the same by his son (DW2). He therefore strongly resisted the Appellant’s
move.
As it were, the High Court after scrutinizing the competing
evidence by both sides, found for the Respondent and held that the house sold
is on Plot No. 17 and it belonged to DW2. The finding by the High Court
aggrieved the Appellant hence the present appeal.