Arusha. The Court of Appeal has concluded a long-standing government house dispute between former senior police officers Suleimani Kova and Godfrey Nzowa, confirming that Mr Kova was qualified and entitled to purchase the house located in Sekei, Arusha.
However, the court gave Mr Nzowa victory on one point after setting aside the order requiring him to pay Mr Kova $200 per month, stating that the intermediate profits claim was not proved by sufficient evidence.
The decision was delivered on Wednesday, July 22, 2026, by a three-judge panel comprising Justices Gerald Ndika, Omar Othman Makungu, and Mustafa Ismail, in an appeal filed by Mr Nzowa against Mr Kova, the Permanent Secretary in the Ministry of Works, and the Attorney General.
The judges decided, after reviewing 10 grounds raised by Mr Nzowa challenging the High Court judgment that gave Mr Kova victory in the ownership dispute.
The court stated that, except for the ground on the $200 monthly payment, the other grounds of Mr Nzowa's appeal lacked merit and were dismissed.
How the dispute started
The dispute concerned a government house known as House Number 203 or 140, located on Plot Number 40, Block 3, Sekei, in Arusha.
Mr Kova and Mr Nzowa were police officers serving in similar positions before swapping duty stations in 2001.
Whilst Mr Nzowa was serving in Kigoma, Mr Kova was in Arusha.
After the transfer, Mr Nzowa moved to Arusha whilst Mr Kova was posted to Kigoma.
Mr Nzowa arrived in Arusha on January 1, 2002, and the handover took place on January 8, 2002, involving the government house occupied by Mr Kova.
When the government began selling some of its houses to public servants, Mr Nzowa claimed first right to buy the house as he had relocated to Arusha.
However, Mr Kova successfully bought and registered the house under his name, prompting Mr Nzowa to challenge the legality of the sale in court.
Process began in 2001
The Court of Appeal rejected Mr Nzowa's contention that identifying eligible public servants began after the President's speech on May 1, 2002.
The court stated evidence showed the process commenced in 2001 following Cabinet Circular Number 7, which ordered the listing of houses recommended for sale alongside public servants living in them.
Judges stated the President's speech was the climax of implementing a decision already made by the government, not the start of the identification process.
On that basis, the court agreed Mr Kova was qualified to buy the house as he lived there during initial identification.
The court also rejected Mr Nzowa's argument that Mr Kova submitted false occupancy information or that the sale agreement was void.
Mr Nzowa offered property in Kigoma
Mr Nzowa claimed he was never officially offered another government house at Heri Avenue in Kigoma.
However, the court established that documents showed he was offered the opportunity on June 17, 2002, and reminded on January 9 and October 4, 2004, before the offer was cancelled due to non-response.
Mr Nzowa secured victory on the $200 monthly payment. Mr Kova initially claimed $400 per month in lost rent due to Mr Nzowa's continued stay, which the High Court reduced to $200.
The appellate court quashed the order, stating Mr Kova failed to provide evidence like tenancy agreements or market value documents.
The court confirmed Mr Kova's purchase was valid and ordered each party to bear its own costs.
