Hussein v. Ali (PC) Civ. App. 57-D-69; 21/1/70; Saidi J.

 

Hussein  v. Ali   (PC)   Civ. App.    57-D-69;    21/1/70;      Saidi J.

            The appellant allowed the respondent to build a house on his empty plot on the understanding that his right of occupancy over the plot would be transferred to the respondent’s name.  The respondent built the house and lived in it with her tenants for over ten years. Ownership was not transferred to the respondent and the transaction was improper as it did not get the requisite consent of the Commissioner for Lands or his agent. The primary court found for the respondent and ordered the appellant to transfer the plot in the name of respondent. The appellant appealed to the District and      the High Courts.

                        Held:  (1) “In such cases the amount spent on the plot should be treated as money had on behalf or for the benefit of another.”  (2) “In the present case, it is established that [Respondent] has spent more than Shs.4, 000/= on the plot belonging to [Appellant] to raise the house, and has been occupying this house for more than ten years, but [Appellant] is now no longer prepared to transfer ownership of the plot to her, and in fact wants to evict her from the house.  I would have been very happy if I could have got the approval of the Commissioner for Lands to transfer the house to Respondent but it is not as easy as it appears.” (3)“What I propose to do is to enter judgment against [Appellant] and in favour of [Respondent] for the sum of Shs.4, 000/= with interest and costs.  If [Appellant] cannot pay the money straight away, because I am not going to give him much time since he has been fooling about with the plot on which he has spent nothing practically, then execution proceedings should immediately issue, by attaching the house and selling it by public auction.  I would direct that [Respondent] should continue to remain in the house as before and that she should be permitted by the District Court to bid at the auction. If her bid is the highest, then a certificate of sale should issue to her and the house should be transferred to her by order of court.  If any other person interested out-bids [Respondent] and offers more than Shs.4, 000/= so that she can obtain all her money with interest and costs, then she has nothing to worry about and she should let the house go to such bidder, because she will get all her money and try to obtain her own plot on which she can build another house.