The main issue of controversy between the parties to this
appeal is the ownership of a parcel of land described as Plot No. 77 Block KB
XVI situated at Raskazone area in Tanga Region comprised in a Certificate of
Title No. 130526/18 (the suit property). The material background and essential
facts show that, the original registered owner of the suit property was
Anverala Hassanali Esmailjee Jivanjee who acquired and occupied it from 1953 to
1963 when it was transferred to Dolly Maria Eustace who was the wife of the
Commissioner of Cyprus. It is on record that the said Dolly Maria Eustace died
on 7th January, 2008 and probate was granted to the first Respondent
to administer her estate. It was alleged that prior to her death, in 1971 the
late Dolly Maria Eustace donated her right of occupancy over the suit property
as a gift to the Republic of Cyprus. It was further alleged that, from that
time the suit property was abandoned until such time when the Government of the
United Republic through the Tanzania Building Agency (TBA) took possession and
used the land for public interest. It was also alleged that the Government had
since occupied the suit property for a period of about forty (40) years without
disturbance or interference. The Government renovated and rehabilitated the
suit property and in 1998 rented it to the International School of Tanga. In
2011, the Respondents allegedly invaded the suit property and claimed ownership
over the same. Consequently, the Appellant filed a Land Case No. 18 of 2016 in
the High Court against the Respondents praying, among others for a declaration
that the Government through TBA is the lawful owner of the suit property.
The Respondents disputed the Appellant’s claim and filed a
counter claim alleging that, the suit property belonged to the late Dolly Maria
Eustace since 1963 until 2008 when it was inherited by her two children who
were dully registered as the lawful owners of the suit property. The
Respondents further alleged that when the late Dolly Maria Eustace left the
country she handed over the suit property to her advocate one Tahir Ali
(deceased) and one Abajoli as a caretaker and there was also a guard employed
to look after the suit property.
The suit went into a full trial whereof the High Court
decided the suit in the favour of the Respondents. Aggrieved, the Appellant
decided to lodge this appeal.