IN THE HIGH COURT OF TANZANIA

(LAND DIVISION)

AT DAR ES SALAAM.

LAND APPEAL NO…………. OF 2019

[Being an Appeal from the Decision and Orders of the District Land and Housing Tribunal
for].

Between

Yyyyyyyyyy …………………………………………………….APPLICANT

VERSUS

Tttttttttttt ……………………………………………………..………….RESPONDENT

PETITION OF APPEAL

The Appellant herein named above has being aggrieved by the decision and Orders of the
District Land and Housing Tribunal for Temeke (Hon A,,…………….) delivered on 17th day of
May, 2019, Appeal against the whole of said decision of the following grounds:

1. That the learned chairperson erred in law and fact by relying to the testimony of DW1,
DW2, and DW3 which was in itself contradicting and inconformity with what was
pleaded in the Defendant's Statement of Defense.

2. That the learned Chairperson erred in law and fact by applying to the Applicant a
standard of proof inappropriate to civil cases.

3. That the learned Chairperson erred in law and facts by failing to analyze the testimony of
PW1, PW2, PW3, and PW4.

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 4. That the learned Chairperson erred in law and fact in according undue weight and relying
on the fabricated Exhibit D1.

THEREFORE the Appellant prays to this Honourable tribunal for the following orders: -

i. That the Honourable Court be pleased to quash and set aside the decision, order
observations of the District Land and Housing Tribunal for Temeke District.

ii. That the Honourable Court be pleased to declare that the Respondent has encroached
and trespassed to the Appellant’s land without any legal justification.

iii. That the Honourable Court be pleased to issue an order for permanent injunction
against the Respondent not to make any developments beyond the area where the
pre-existing boundary stood before it was encroached by the Respondent.

iv. That the Honourable Court be pleased to declare that the Appellant is rightful owner
of the land in dispute. Alternatively, order that the District Land and Housing
Tribunal rehears the claims if this Honorable Court deems it just and expedient.

v. Cost of this Appeal be borne by the Respondent.

vi. Any other order this Honourable tribunal may deem fit and just to grant.

Dated at Dar es Salaam this……day of June, 2019

……..………………………
Counsel for the Appellant

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Presented for filing this………day of June, 2019

…………………….
Registry Officer

Drawn and filed by:

,

Copy to be served upon:

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