The Respondent fraudulently sold a four-acre piece of land and a house located at Bugabu village in Magu district. The property sold allegedly belonged to Appellant’s parents who have since died and the Respondent did that while he was neither a beneficiary nor an administrator of the deceased’s estate. The Appellant instituted a case in the Primary Court. The Court convicted the Respondent of cheating. On conviction he was sentenced to a conditional discharge for three months. The District Court quashed and set aside the conviction and sentence entered by the Primary Court. The first appellate court held, as well, that this being a land matter, the Appellant ought to have instituted the dispute in a forum that is vested with jurisdiction to deal with land matters. Dissatisfied, the Appellant appealed to this court, hence, this appeal.

