Michael v. Msario (PC) Civ. App. 92-A-70; 14/11/70; Kwikima Ag. J.

Michael v. Msario (PC) Civ. App. 92-A-70; 14/11/70; Kwikima Ag. J.

          This is an appeal against the order of the District Court raising the attachment on a parcel of land alleged to belong to the respondent’s son. The primary Court Magistrate who heard this case ruled in favour of the appellant, pointing out that the respondent’s son had been occupying his father’s land long enough for him to lay claim on it.

            Held:  (1) “There are numerous authorities to the effect that   prolong tenancy do not confer title to land under Chagga Customary Law.  Indeed in the case of Makofia Meriananga v. Asha Ndesia 1969 H.C.D. 204 P.184, Plat, J. as he then was, refused free title to the appellant who had been a tenant for no less than thirty years!”  (2)  “Such happens to be exactly the relationship between the respondent and his son. The Primary Court Magistrate was clearly wrong in holding to the contrary; i.e. that Elimu Kunda’s long occupation at the will of Kunda Msario his father conferred free title to Elimu.”   (3)  Appeal dismissed.