ELIUD MUKHISA NALIANYA & JOHN MABONGA V. JOSEPH WANJALA FULAFU & JOSEPH WANJALA SIMON

JUDGMENT OF THE COURT

1. The appellants and respondents are brothers. Their father was the late Paulo Fulafu who died in 1969. At the time of his death, he was the registered proprietor of Land Parcel No. Bokoli/Chwele/751 which has now been sub-divided to give rise to two titles namely Bokoli/Chwele/1191 and Bokoli/Chwele/1192.

2. By a Plaint dated 5^th July 2010, the appellants filed suit against the respondents. In the plaint, it is alleged that on or about 16^th February 1981, the 1^st respondent fraudulently caused the late Paulo Fulafu’s land to be transferred to his name without regard to the interest of the appellants when the said appellants were in actual possession of the property. That the 1^st respondent secretly and fraudulently concealed the transfer to other family members and sub-divided the land giving a portion thereof, namely Bokoli/Chwele/1192, to the 2^nd respondent.

3. In their plaint, the appellants sought an order for cancellation of land titles Bokoli/Chwele/1191 and…