The Court of Appeal rejected Mr Nzowa’s argument that the identification of eligible public servants started after President’s speech on May 1, 2002
Arusha. The Court of Appeal has upheld the ownership of a government house in Sekei, Arusha, by former senior police officer Suleimani Kova, ending a long-running dispute with retired police officer Godfrey Nzowa.
The court, however, ruled in favour of Mr Nzowa on one issue after setting aside an order requiring him to pay Mr Kova $200 monthly, saying the claim for compensation over occupation of the house was not supported by sufficient evidence.
The decision was delivered on July 22, 2026, by a three-judge panel comprising Justices Gerald Ndika, Omar Othman Makungu and Mustafa Ismail, following an appeal filed by Mr Nzowa against Mr Kova, the Permanent Secretary in the Ministry of Works and the Attorney General.
The judges reviewed 10 grounds of appeal challenging a High Court decision that had ruled in favour of Mr Kova in the ownership dispute.
Except for the claim involving the monthly payment, the court dismissed the remaining grounds, saying they lacked merit.
The dispute involved government House Number 203 or 140, located on Plot Number 40, Block 3, Sekei, Arusha.
Mr Kova and Mr Nzowa were police officers serving in similar positions before exchanging duty stations in 2001. Mr Nzowa was transferred from Kigoma to Arusha, while Mr Kova moved from Arusha to Kigoma.
Mr Nzowa arrived in Arusha on January 1, 2002, with the handover of responsibilities taking place on January 8, 2002, involving the government house previously occupied by Mr Kova.
When the government began selling some of its residential properties to public servants, Mr Nzowa claimed he had the first right to purchase the house because he had moved to Arusha. However, Mr Kova successfully bought and registered the property in his name, leading Mr Nzowa to challenge the sale in court.
The Court of Appeal rejected Mr Nzowa’s argument that the identification of eligible public servants started after President’s speech on May 1, 2002.
The judges said evidence showed that the process began in 2001 following Cabinet Circular Number 7, which directed authorities to identify government houses recommended for sale and the public servants occupying them.
The court said the President’s speech marked the implementation of an already established government decision rather than the beginning of the process.
Based on this, the judges ruled that Mr Kova was eligible to purchase the house because he was the occupant when the identification process started.
The court also dismissed claims that Mr Kova provided false information about his occupancy or that the sale agreement was invalid.
On Mr Nzowa’s claim that he had not been offered another government house in Kigoma, the court found records showing that he was offered a property at Heri Avenue on June 17, 2002, and was reminded on January 9 and October 4, 2004. The offer was later cancelled after he failed to respond.
The court overturned the order requiring Mr Nzowa to pay Mr Kova $200 monthly after finding that the claim lacked evidence, including tenancy agreements or documents showing the property’s rental value.
The court confirmed Mr Kova’s ownership of the house and ordered each party to bear their own legal costs.
