Malonde v. Kofila (PC) Civ. App. 193-M-70; 4/6/71; El-Kindy Ag. J.

Malonde v. Kofila (PC) Civ. App. 193-M-70; 4/6/71; El-Kindy Ag. J.

            The appellant sued to redeem a clan shamba which had been sold to the respondent a non-clan purchaser for Shs. 2,000/-. The appellant alleged that he was not aware of the sale nor was he informed or consulted before it took place as he was working in Bukoba at the time. The trial court found for the appellant but the District court reversed.

                        Held: (1) “I am satisfied that the decision of the primary court was sound. It was not for the appellant to prove that he was consulted, but it was for the respondent to prove if he was to succeed in this case. he is the one who was alleging that the purchase was properly done according to customary law of Haya as embodied in paragraph 557 of Cory and Hartnoll’s Customary Law of the Haya Tribe ………….. On the balance of probability, the appellant’s case was plausible”. (2) Appeal allowed to redeem by repaying the amount which had been paid by the respondent. (3) Appeal allowed.