Regachwa v. Joel (PC) Civ. App. 26-M-70; 9/3/72, Kisanga, Ag. J.

 

Regachwa v. Joel (PC) Civ. App. 26-M-70; 9/3/72, Kisanga, Ag. J.

The appellant Daniel Rugachwa filed a suit in the Primary Court at Kalabagaine against Miss. Kazia Joel, for the recovery of Shs. 155/= being compensation in respect of 118 trees cut down by the respondent. The plaint was subsequently amended and a claim of Shs. 315/= was substituted. The trees belonged to the appellant whose land had been re-allocated to the respondent. The Primary Court found for the appellant the respondent. The Primary Court found for the appellant. The respondent appealed to the District Court. Her appeal was allowed. Consequently Daniel Rugachwa (appellant) appealed to the High Court. In considering the appeal the High Court proceeded to determine the issue or ownership of land before it decided on the right to compensation.

            Held: (1) “This court has held on may occasions that where land is already occupied, the Village Development Committee must have very strong reasons for reallocating it to another person” [Cited: Masubo Kareka v. Marwa Nyanonkwa, [1967] H.C.D. n. 436 and Thadeus Chacha v. Robi Mkiba [1970] H.C.D. n. 109] (2) “There was sufficient evidence to show that the disputed land belonged to the appellant.” (3) Appeal allowed with costs. (4) Case remitted to the District Court for assessment of proper compensation.