Kabachwezi v. Abdallah and John (PC) Civ. App. 198-M-70; 20/7/71; Kisanga Ag. J.

Kabachwezi v. Abdallah and John (PC) Civ. App. 198-M-70; 20/7/71; Kisanga Ag. J.

The appellant sued both respondents to recover a piece of land and compensation in respect of trees cut down from the land. The first respondent admitted in evidence to have sold the property to the appellant and to the second respondent in turns.

Held: (1) The respondent Peter John admitted in evidence to have sold the property to the appellant and to the second respondent in turns. Paragraph 930 of Cory and Hartnoll on Customary Law of the Haya Tribe provides:- “A sale (of land) without witnesses is void, even should both parties agree that it has taken place.” The sale between the respondent Peter and the appellant which was recorded in Exhibit A-1 was not witnessed by anyone. On the other hand, the sale to the respondent Haruna was witnessed by two persons. The learned district magistrate, applying paragraph 930 quoted above, therefore, held that the sale to the appellant was void for

            Want of witnesses and that the sale to the respondent Haruna was valid because it was duly witnessed. He therefore awarded the land to Haruna and said that the appellant was at liberty to sue the respondent Peter for the money paid to him. I am unable to say that this decision was wrong and I would therefore uphold the decision of the district court and dismiss the appeal costs.