This is a second appeal which has its origin in the District
Land and Housing Tribunal for Manyara Region at Babati, where it was instituted
as Land Application No. 73 of 2012. The Appellant herein who was the applicant,
lost both at the trial tribunal and in the High Court of Tanzania at Arusha, in
the first appeal. Undaunted, she has come to this Court for the second chance.
The brief account of facts from the Appellant are that in the
year 1998, she purchased the suit premises from one Elipokea Bahati Mbise. The
said property is situated on Plot No. 597 Block “R” - Nyunguu Area within
Babati Township. At the material time, she was cohabiting with one Donati
Stephen Kweka, who happened to be the father of the first Respondent to another
wife, and a brother of the second Respondent. Subsequent to the death of Donati
S. Kweka, her husband, the Respondents without any colour of right, trespassed
into her property claiming that it belonged to their late father and brother
respectively, a contention which was not correct.
As a result of such intrusion to her property by the
Respondents, she instituted proceedings against them at the District Land and
Housing Tribunal for Manyara Region at Babati. The finding of the trial
tribunal which was upheld by the first appellate Court, was to the effect that
the Appellant had failed to establish her claim. Aggrieved by the concurrent
findings of the two lower courts, the Appellant has come to this Court by way of
a second appeal.