IN THE HIGH COURT OF TANZANIA

LAND DIVISION

AT DAR ES SALAAM

MISC. LAND APPEAL NO………..OF 2024

(Originating from land application no 70/2023in the district land and housing of Temeke at Temeke
according the judgement derivered by P.I.CHINYELE)

SADICK MSHAM MBONDE…………………………………………………………………..………………….APPELLANT

VERSUS

BENEDICTO JOHN……………………………………………………………………………………………………RESPONDENT

PETITION OF APPEAL

The Appellant named above, being dissatisfied with appeal the judgement of Temeke district land and
housing tribunal cause no 70 of 2023 to this court on the following ground;

1. That, the trial tribunal erred in law and fact in granting the order without consider that
the respondent was not produced any kind Exhibits such as document
2. That, the trial tribunal erred in law and fact, the name was the deceased(JAFARRY
MSHAM MBONDE, but the summons was brought to me who is his younger
brother(SADICK MSHAM MBONDE), if that period has not yet been reviewed by the
family to be the administrator of the estate, and there is a case in the primary court
proceeding to pray the appointment of the administrator of the estate
3. That the trial tribunal erred in law and fact, together with telling the trial tribunal that
JAFFARY MSHAMU MBONDE this person is deceased so that they can correct the
plaintiff’s document but they did not do so
4. That, the trial tribunal erred in law on the applicability of the law on the burden of
proof.
5. That the trial tribunal chairman erred in law and fact by determining the case in favour
of respondent who knowingly misled the court when testifying
6. That the trial tribunal chairman erred in law when prounced a judgement in absence of
appellant without giving notes

WHEREOFF
i) That, the appellant prays your honourable court to allow this appeal and
setaside the district land and housing tribunal judgement
 VERIFICATION
I SADICK MSHAMU MBONDE The Appellant, do here by verify that what is stated in paragraph
1,2,3,4,5 and 6 come from my own knowledge and believedit to be true

VERIFIED at TEMEKE this…17……….day of ……April…………..2024

……S…MBONDE……………..
APPELANT
Date of judgement…………………………………

Date of obtained the copy of judgement………………………………

Date of presenting the petition of appeal……………………………….
Present for filling this………………….day of……………………….2024
…………………………………

REGISTRY OFFICER
Draw and Filed by
APPELLANT
Copy to be served upon
RESPONDENT