WSD

 

IN THE DISTRICT LAND AND HOUSING TRIBUNAL FOR MARA

AT MUSOMA

LAND APPLICATION No.129 OF 2021

KIMANESE ILIPON……………………….... APPLICANT

VERSUS

 CHACHA MATIKO……........……………. RESPONDENT

 

WRITTEN STATEMENT OF DEFENCE

The respondent reply to the application and avers as hereunder;

1. That, the contents of paragraphs 1 and 2 of the application are noted.
2. That, the content of paragraph 3 of the application is noted.
3. That, the contents of paragraph 4 of the application are noted owing to the fact that the suit property and its approximate value is disputed as there is no any evaluation report to that effect and the disputed land, further the respondent stated that the disputed land is located in interior area in village and the disputed land is a very small hence cannot have the value of Tsh.3,5 00,000/=by any means whatsoever.
4. That, the contents of paragraph 5 is undisputed and furthers the respondents states that there is no arrears of rent claimed in the disputed land hence arrears of rent are not an issue in this dispute.
5. That, the contents of paragraph 6(i) of the application is disputed further the respondent states that the applicant is not the legal owner of the disputed land as alleged and the respondent has been in occupation of the disputed land for long time until 2015 when the applicant invaded the land and the respondent filed land application No.31/2015 at Kisaka ward tribunal and won the case and the applicant filed land appeal No.192/2017 where the court ordered retrial of the matter on account that the members of the trial tribunal did not mentioned their names in the proceeding of the trial court.
6. That, the contents of paragraph 6(ii) are vehemently disputed, and farther the respondent avers that he is the one using the disputed land and the applicant had never used the disputed land but mare trespasser.
7. That, the contents of paragraph 6(iii) are disputed, and further the respondent avers that further the state that the disputed land is not the property of the applicant as alleged.
8. That, the contents of paragraph 6(iv) and (v) are noted and further the respondent avers that he is the legal owner of the Suitland and he had never trespassed the same by he is occupying the same for a long time without interruption.

WHEREFORE, the respondent prays for the declaration that he is the legal owner of the suit land and dismissal of the entire claims of the applicant with costs.

Dated at Musoma this ………….day of ………………., 2021

                                                   ……….………….

                                                    RESPONDENT

VERIFICATION:

I, CHACHA IKORONGO, do hereby verify that all what is stated from paragraphs 1, 2, 3, 4, 5, 6, 7 to 8 of the written statement of defense is true to the best of my own knowledge.

Verified at Musoma this …………………. day of ……..……., 2021

                                                                

                                                               ………………

RESPONDENT   

 

Presented for filing this ………………. day of ………………... 2021

……………………

TRIBUNAL CLERK

DRAWN AND FILED BY

DAUD KILAWE (ADVOCATE)

MANDINO& CO.ADVOCATES

PAMBA HOUSE (BODI YA PAMBA)

GROUND FLOOR ROOM No.150

MKENDO ROAD

P.O.BOX322

MUSOMA-MARA

 

COPY TO BE SERVED UPON

PIOJSH

C/O

 OPIA &CO. ADVOCATES

P.O.BOX 886

MUSOMA.