THE Muslim Council of Tanzania (Bakwata) has found itself in a land dispute with two old men, who claim to have inherited the 40 acres farm situated at Chita village in Kilombero District in Morogoro Region from their dead parents.
The elders, Mr Alfonzi Kakweche and Mgainamba Kihakwi, have take the matter to the High Court’s Land Division, appealing the decision of the District Land and Housing Tribunal for Kilombero/ Ulanga, which had ruled in favour of Bakwata.
The High Court Judge Modesta Opiyo was scheduled to start hearing the appeal on Friday.
However, Deputy Registrar David Nungunyale, on behalf of the judge, adjourned the session to February 24, 2020.
Through their advocate Sabas Shayo, the old men have advanced several grounds to fault the Tribunal’s findings.
Kakweche and Kihakwi, who are appellants, state that the Tribunal erred in law and facts for trying the matter, while lacking pecuniary jurisdiction to determine such land dispute and in disregard to the appellants’ testimony establishing their title over the disputed premises.
The appellants stated that the Tribunal erred in delivering judgment in favour of Bakwata, the respondent in the appeal, without concrete evidence and taking into consideration the opinion of wise assessors to the standard required by the law.