1(a).What is material facts?

Material facts are a fact that is crucial to the determination of an issue at hand. In every
case there must be a brief historical background of a dispute, facts and issues and matters in
dispute. Sometimes the dispute may conflict on a point of law. Moreover, there are ways shows
how to determine material facts which are as follows; To read the facts of the case, Identify the
material facts through asking yourself different question about the case to its outcome as it helps
to separate the material from immaterial background information and showing why the court
decided in that way. Also to create a statement of facts to include in your brief.

(b).Read the case of Issack s/o Nguvumali v Petro s/o Bikulako.and write the material facts of
the case.
 IN THE UNITED REPUBLIC OF TANZANIA

THE HIGH COURT OF KIGOMA AT KIGOMA

1972. Civil app,1-DSM-67,22/6/72

ISSACK s/o NGUVUMSLI…,..,.. appellant

PETRO s/o BUKULAKO……….. defendant

CORAM: ONYIUKE, J.

Relation of parties;

Petro s/o Bikulako against defendant Issack s/o Nguvumali due to the same interest on land
possession whereas the plaintiff claim that he inherited the shamba from his father Ntore who
had originally cleared it of bush.

Since the original plaintiff died then he was represented by his relative Mtalikwa s/o Bikulako.

Defendant Issack s/o Nguvumali claimed that he inherited the shamba from his guardian Mtango
and been using it for 31 years.

What gave rise to the litigation;

Same interest on land possession (trespass to land).

Remedy sought.

Stages involved in the institution of the proceeding (rules and proceedings).

First instance, at Kalinzi Local Court in Kigoma District. Where it was held that, the plaintiff
had been ordered to pay 100 tsh as compensation for the improvement made by defendant at the
shamba, and retained the tittle to the shamba.
Second instance; PETRO BIKULAKO lodged an appeal against the decision to award Shs.100/=
to the unsuccessful defendant at Kigoma Federation Appeal Court. However, the court
dismissed the appeal against compensation, hence confirmed Petro’s title.

Institutions which dealt with the litigation at various stages;

Fist instance; Kalinzi Local Court in Kigoma District.

Second instance; at Kigoma Federation Appeal Court.

Third instance; at KIGOMA Regional local Court Officer.

Different role played by the people involved in deciding the case.

Parties adduced their evidence (using village elders who had nothing to benefit by telling lies).

The judge identified the law applicable.

Assessors gave out their opinion.

Final outcomes of the case or the end result;

Regional Court Officer gave judgment and dismissed the argument of res-judicata on the
ground that petro was not a part of the previous case and it did not give Issac s/o Nguvumali title.
Also, on the second ground that, Issack s/o Nguvumali has no right of title to possess the shamba
since is not related to them, but rather he was the servant of Mtango who came from another
village and his title to a shamba was a tenuous.

Ground of complaint.

1. That, the defendant appealed on the ground that, in previous suit Kilinzi civil case
88/1960, he had been awarded the shamba and that decision bound the court in the
present case.
2. He also appealed on the ground of undisturbed possession for 31 years.

Issues.
Whether undisturbed possession over the land for 31 years by Mtango can defeat the clearing of
the bush to shamba by Ntore

Outcome or the decision.

I will dismiss the appeal and confirm the decision of Kalinzi local court, awarding the shamba in
dispute to petro heir, I will also confirm the award 100 shilings to the appellant.

Legal reasoning.

The primary court inspected the area and drew up a map, the sketch was drawn showing the
shamba in which the appellant planted eucalyptus trees which was one of the plot involved in
suit.

Determination of Ratio descidendi.

They used deductive reasoning as reasoning by moving from general to particular through a
process known as syllogism, thus the fact that ntore cleared the bush who is also the member of
the village and Mtango did not belong to that village.

Opinion/notice

In other way Issac was not supposed to be awarded even the compensation because he do not
have any relationship with Mtango rather than the servant and also the real owner of the shamba
was Ntore so directly Petro was supposed to be awarded the shamba without any disturbance like
that of compensation