BY KUSEKWA KUSEKWA
The High Court at Moshi has dismissed an appeal by Chief Frank Marealle that had sought to overturn the decision of the Moshi District Land and Housing Tribunal in a property dispute against his young half-brother, Ackley Marealle.
The two brothers from the famous Marealle family were tussling over some 2.12 acres at Lyamrakana Village in Marangu, Moshi Rural District in Kilimanjaro Region. Judge Adrian Kilimi ruled that Frank had failed to prove his case at least “on a balance of probability.”
“In the premises, I have no reason to disagree with the position of the trial tribunal, which I find convincing to uphold it. Consequently, I proceed to dismiss the appeal with costs,” the Judge declared in a judgement delivered recently.
Frank had averred that he was the lawful owner of the suit land, which he had allegedly inherited from his late mother, one Asinath David Marealle, who was the eighth wife of the late Chief (Mangi) David Marealle.
Frank had accused his half-brother, Ackley Marealle, of trespassing into the property by burying there his mother, one Veronica Mlang’a. Ackley in turn, vehemently disputed the claims, saying that the suit land legally belonged to him.
During the hearing of the appeal, Frank Marealle had claimed, among other things, that the tribunal erred both in law and fact by declaring the respondent the lawful owner of the suit land without considering that there was no evidence tendered.
The judge held that the contested decision does not reveal that the respondent was declared the lawful owner of the disputed property. Rather, the reasoning was that Frank Marealle had failed to prove the ownership of the suit land.
Judge Kilimi further ruled that there was no evidence indicating that the appellant lived on or continued to occupy the suit land after his late mother left their father one Mangi David Marealle.
On the contrary, the judge said, it was Ackley’s mother who occupied the land until her death. Besides, Ackley was born on that land and lives there until now.
Both Frank Marealle and Ackley Marealle could not be reached for their reactions on the ruling.
