Ramadhani v. Sungu (PC) Civ. App. 53-Dodoma-1971; 18/4/72; Kwikima, Ag. J.

 

Ramadhani v. Sungu (PC) Civ. App. 53-Dodoma-1971; 18/4/72; Kwikima, Ag. J.

The respondent successfully sued the appellant to recover a shamba which he alleged was allocated to him in the traditional ways of the Warangi. The court found that each party had been legitimately allocated the shamba, the appellant in 1952 and the respondent in 1961. The later allocation being made in the absence of the appellant.

            Held: (1) “This court has held that it is unjust to allocate occupied land without the occupier being present. (Makas Masirori Kateti v. Oloo Sebege 1969 H.C.D 11). The contention that the shamba was communal would militate against the respondent the more in as much as there is no evidence to justify the handing of a communal shamba to an individual. It is safe to assume that the disputed shamba was not communally held and that the appellant occupied it earlier than the respondent. For this reason it would be only fair to overrule both courts below and to dismiss the respondent’s claim unsupported by reason and evidence as it is. Accordingly, the appeal is allowed with costs. The appellant is hereby declared the lawful occupant of the disputed shamba.” (2)”If the respondent has made any permanent improvements on the disputed shamba, he should be compensated.” (3) Appeal allowed.