Petition of Appeal.

IN THE DISTRICT LAND AND HOUSING TRIBUNAL

FOR MBEYA

AT MBEYA

LAND APPEAL No. ................... OF 2019

(Originating from Application No. .... of 2019 before Igulusi Ward Tribunal)

FAFAFA SWISWI …………………….……..………….… 1^STAPPELANT

SAA MWAAA……………………………………………… 2^ND APPELANT

VERSUS

AGAA MGAA …………………………………………….. RESPONDENT

PETITION OF APPEAL

The Appellant’s above named having been aggrieved by the decision of the Chairman of the Igurusi Ward Tribunal in Land Application No 11 of 2019, appeals to this Honorable Tribunal against the judgment delivered by Hon. ……………………....…. Chairman of the Tribunal, on the 6^th August 2019 upon the following grounds;

1) That the Honorable Chairman of the Tribunal erred in both facts and law by holding that the respondent is the legal owner of the suit premises while no document was tendered to prove ownership.

2)  That the Honorable Chairman of the Tribunal misdirected himself on both facts and law by relying merely on the respondent’s oral evidence which does not establish ownership.

3)  That the Honorable Chairman of the Tribunal grossly erred in law and fact by disregarding in total defense evidence.

4) That the Honorable Chairman of the Tribunal misdirected himself in both facts and law by proceeding to order the eviction of the 1^st appellant on the basis of extraneous matters.

WHREFORE the appellants pray that the judgment of the Ward Tribunal be varied and set aside for lack of merit and the 1^st Appellant be declared the lawful owner of the suit land after the purchase it legally made from the 2^nd Appellant and the Respondent be ordered to pay the costs of this appeal.

Dated at Dar es Salaam this ……………day of ………………..…………2019

……………………………..

                               1^st APPELANT

……………………………..

                                                                 2^ND APPELANT

Presented for filing this ……………… day of…………………………….2019.

                                                            ………………………………..

                                                                 TRIBUNAL CLERK

DRAWN AND FILED BY:

Johnson Yesaya (advocate)

P.O BOX 0000000

DAR ES SALAAM

0758218269

yesayajohnson@rocketmail.com

COPY TO BE SERVED UPON:

AGAA MGAAA

P.O BOX 707070

MBEYA