The Land Disputes Court (The District Land and Housing Tribunal) Regulations GN.

174/2003
_____________________________________________________
IN THE DISTRICT LAND AND HOUSING TRIBUNAL Form No. 1
FOR MKURANGA DISTRICT
AT MKURANGA
APPLICATION NO _____ OF2022
BETWEEN
AHLAMA ALLY ABDALAAH___________________ APPLICANT
VERSUS
FROWINY FAUSTINE LICKY___ ________________RESPONDENT

APPLICATION.

1. Name and Address of Applicant:

Ahlam Ally Abdallah,

C/O Bridge Attorneys & Consultancy,
Mikocheni,Warioba Road,
House No.20, Plot 156, Block “A”
Nyumbu Street, (Near St. Marth Church).
P. O. Box 9694,
Telephone: +255(0)654662810/715160025
E-mail:witnessjoseph92@gmail.com,
DaresSalaam.

2. Name and Address of respondent.

FROWINY FAUSTINE LICKY

(Proper Address to be ascertained by court Process server)

3. Location and Address of the Suit Premises/Land,the Suit land is Located at Ward,
Mwandege , Lugwadu village Mkuranga,Pwani region.

4. EstimatedValueofthesuitpropertyisTZS10,000,000/=(TenMillion only)

5. Where arrears of rent are an issue, state monthly rent N/A

6. (A)Cause of Action/Brief statement of facts constituting the claim;

 i.That,am the lawful owner of the suit land(house) situated at mwandegeWard,Lugwadu village
Area,Mkuranga,pwani (hereinthesuitland)acquiredthroughcourt auction in the year 2019.

ii.That,I bought the said house in Court auction 26/04/2019 through comrade auction mart, in the
court order emanating from Civil case No 150/2018, which was published in Jamvi la habari news
paper dated 11stApril,2019 for the consideration of TZS10, 000,000/= (Ten Million only).

iii.That one Salumu Rogas Chipeta who was the privious owner before eviction ownerhe was given
14 day’s notice to vacate the area but he refuse until on 27th November,2021 when the court
appoint IGALULA AUCTION MART to remove the said owner from the suit premise, thereafter I
decided to bring my relative to reside therein.

iv.That, after managed to put my relatives in the suit premises the Respondent without any color of
rights decide to evict my relatives worse enough he decided to demolished the suit premises,

v. .That,at all material time I have been lawful own the suit house until it came to my attention
that the Respondent was illegally possessing the suit property as explained in paragraphs 6(iii, iv),
above.

vi.That,to justify his ill motive and malice on the Respondent decided to give money to my relative
to rent somewhere else .
vii.That,the act soft the Respondent as explained herein above are unlawfully, couched to
deprivemy lawful rights over the suit property since it originated from illegal acts done by the
Respondent as explained herein.

(B)Listofrelevantdocumentstobereliedonareherebyannexedas“BA-1” COLLECTIVELY

i.Copy of news paper that announced the auction.

ii.Copy of letter notifying the district commission and local government of lugwadu on
the intention to conduct Auction.

iii. copy of vacation notice and deed or handling document.

. 7. RELIEFS CLAIMED:-
i) This Honorable Tribunal be pleased to declare that the suit premises belong to the
Applicant.
ii) ThisTribunaltodeclarethattheRespondent isatrespasserofthesuit
property.
ii). Costs of the suit.
iii). Any other reliefs the Tribunal shall find just and fit to grant.

VERIFICATION

I,Ahlam Ally Abdallah the Applicant in this case hereby certify that what has been stated
above in paragraphs 1,2,3,4,5,6A(i,ii,iii,iv,v,vi,vii,), 6B, and 7 is true to the best of my
knowledge.

(Signed) ______________________
APPLICANT

a) Fees paid Tshs ____________ ERV. No. ___________________

Date ____________________
 b) Presented for filing this _________ day of January , 2023.

__________________________
Clerk of the Tribunal

Drawn and filed by:-

Witness Joseph Mhosole, Advocate,

Bridge Attorneys & Consultancy,
Mikocheni, Warioba Road,
House No.20, Plot 156, Block “A”
Nyumbu Street, (Near St. Marth Church).
P. O. Box 9694,
0654662810
DaresSalaam.

Copy to be Served upon:-

The Repondent,
FlowinyFaustine Licky,
Box …………………,
Dar es salaam.
(Proper Address to be ascertained by court Process server)