Law of Equity - Grounds of appeal not pleaded in the alternative - Appellant refutes in his grounds of appeal some of the reliefs which were unlawfully granted to him by trial tribunal - Whether rules of equity - Are necessary to alleviate the defects of the common law, to correct its rigour or injustice under the circumstances - Section 2 (2) of the Judicature and Application of Laws Act [Cap 358 R.E. 2002].
The Appellant, the Administrator of the estate of the late Lazima Binamu, is aggrieved by the decision of Mtwara District Land and Housing Tribunal at Mtwara which made two declarations: First, that the Respondent was the lawful owner of the suit property; two, that the certificate of occupancy registered as Title No. 7125 MTW in the deceased’s name was an illegal document on the ground that it was fraudulently obtained and illegally issued. The Appellant filed six grounds of appeal.