Arusha land case judgement pushed to next week

Arusha.A judgement of a land case pitting a former district commissioner Dahn Makanga and a famous tour operator in Arusha which was to be delivered on Tuesday has been postponed to next week.

Resident Magistrate Gantwa Mwankuga said the judgement will instead be made on November 24th. She did not disclose the reasons for the postponement.

The case had attracted scores of people in Arusha some of whom turned up at the court to hear the verdict but were informed the verdict has been slated to Friday next week.

In the case, which has dragged for four years, the ex-DC has accused the director of the city-based tour company Mathew Mollel of forging key documents to possess a disputed plot in town.

Mr Mollel, the director of Rainbow Tours and Shuttles, has denied claims that he grabbed the building plot at Levolosi after forging the resolutions of a neighbourhood meeting which discussed the same.

The tour operator, who is defended by a city advocate Ephraim Koisenge, had denied the allegations he bought the disputed land from the former DC whom he had relations with.

Instead he told the court as the case progressed that sometimes in 2014 armed police in the company of the ex-DC stormed his home in search of the title deed of the disputed piece of land.

The disputed plot number 231 is on block DD located at Mianzini city suburb in Arusha.

Mr Makanga, who has since retired took the matter in court, alleging the defendant (Mr Mollel), in fact, forged some documents of a meeting of a neighbourhood in Levolosi ward to grab the plot.

The businessman denied forging the documents and says instead told the court he was entrusted with the disputed plot following the (genuine) resolutions passed by members of the Levolosi ward government.

Mr Makanga, who at one time served as Kasulu DC, filed the case against Mr Mollel and had ten witnesses on the his side. The latter fielded only one witness.

As the case on the disputed plot dragged on, the tour operator latter filed a case at the High Court against the Inspector General of Police (IGP), the Attorney General and the Arusha regional crimes officer over unlawful confiscation of his land title deed.

Mr Mollel claimed back the document which, he insisted, was unlawfully seized by the police over a disputed plot in the city. The case was filed early this year.

He is also demanding compensation for withholding of the title deed since August 2014 during which he has failed to secure credit amounting to Sh1.2 billion from the banks.

The civil case was filed at the High Court in Arusha under which the plaintiff is praying for the release of is Certificate of Title Deed No. 22906 L.O. No.253119.

The title deed was granted in respect to the plaintiff (Mr. Mollel) in respect of Plot No. 231, Block DD, located in Mianzini area within the Arusha city for a tenure of 99 years.

After storming the storming of his residence and office in August 2014 by police officers from the Fraud Office in August 2014, Mr. Mollel was arrested and interrogated over the alleged forgery of the document.

He was arraigned and charged in court but the Resident Magistrate's Court in Arusha on October 1st, 2014 withdrew the case (Nolle Proseque) under section 91 (1) of the Criminal Procedure Act.

Mr Mollel alleges notwithstanding the termination of of the alleged criminal case, the first Defendant (police) kept on withholding the said Certificate of Title.