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Justice at long last for elderly woman
2007-03-22 08:59:33
By Correspondent Timothy Kahoho
An elderly woman, Asha Juma (77), has finally won a suit involving a house that was acquired through fraudulent means by her cousin.
The Court of Appeal declared Asha as the owner of house number 4 on plot No.82 Block ``M`` situated along Twiga Street within Kariakoo area in Dar es Salaam.
Asha was represented by advocate Israel Magesa against her cousin, Wambele Mtumwa Shahame.
``With respect, after carefully going through the evidence on record, we find nothing to default the courts below in their respective and concurrent findings of fact,`` said Justice January Msoffe in the judgment.
That decision was reached by a panel of Justices of the Court who included Eusabia Munuo, Angela Kileo and Msoffe himself.
The decision was entered in favour of Asha in a civil appeal that revolved around a house dispute that ensued since 1995.
In their decision, the judges said the house ownership dispute started with Shahame and became critical upon processing transfer documents which, being illiterate, she signed thinking they were lease agreements to the then National Milling Corporation (NMC).
The disputed house had belonged to her father before he died in 1966, leaving behind her mother, her sister and the house in question.
However, Asha paid off her mother and sister and remained the sole owner of the disputed house until Shahame processed transfer documents which were duly signed by her.
At one time she was said to have thought of bequeathing the house to Shahame but before doing so he laid claim on it by way of fraud that led her to lodge a civil case in 1995 in the Kisutu Resident Magistrate’s Court against him.
Asha won the suit but Shahame filed an appeal in 1996 in the High Court of Tanzania at Dar es Salaam.
The appeal was heard and determined in her favour on February 18,998 by Principal Resident Magistrate Kaganda under extended jurisdiction.
``Still dissatisfied, the appellant (Shahame) sought leave from High Court of Tanzania in Dar es Salaam in order to appeal to this Court,`` said Msoffe, adding the application was dismissed by High Court Judge Augusta Bubeshi for lack of merit.
Another similar attempt was made before Justice Augustino Ramadhani of the Court of Appeal of Tanzania, who also dismissed the said application.
Dissatisfied, Shahame made reference to the court under which he was granted leave to appeal and that findings could be made if evidence on record over the house would be in his favour.
``On the other hand, advocate Magesa was of the view that the evidence on record established that the respondent was, and indeed still is, the owner of the house in question,`` Msoffe said.
Justice Msoffe said the court was of the finding that the transfer documents were fraudulently obtained for two reasons. Firstly, Shahame did not disprove Asha’s assertion that she signed the transfer documents thinking they were lease agreements.
Secondly, a close look at the transfer documents shows the documents caused suspicion.
The judge added that it was highly improper for a transfer of estate document from Mwaisa Mwijuma to Asha and another transfer document for the property from Asha to Shahame, to be both stamped on the same day of November 22, 1988.
``We accordingly dismiss the appeal with costs,`` Msoffe said.
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