Facts
The plaintiff and the defendant, who are cousins, jointly owned on equal share, a plot and a house located in Ngamiani area in Tanga municipality. They both lived in the said house with their relatives. After some time a sharp disagreement arose between them C and the plaintiff sought for and got alternative accommodation. The plaintiff brought this action requesting the court to either sell the house and have the proceeds divided equally between them or any of the parties should purchase the share of the other.
Held: (i) In the circumstances of the case the defendant was not responsible for the conflict which arose in relation to the occupation and use of the house.
(ii) the fairest method, for which the parties also agreed, was the division of the house in terms of its value and to give the parties an option of purchasing the other's share.
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