Mkang’a v. Kitobero (PC) Civ. App. 241-M-69; 23/2/70; Kimicha, J.

Mkang’a v. Kitobero (PC) Civ. App. 241-M-69; 23/2/70; Kimicha, J.

The appellant, as original plaintiff in the Primary Court, claimed 9 head of cattle from the respondent. He claimed that Syaga, the respondent’s deceased brother owed him head of cattle. After Syaga’s death, Kitobero inherited his estate i.e. cattle and wives. Kitobero claimed in his defence that he had inherited only 3 head of cattle from the deceased and that he was old, poor and blind and could not find the balance. The appellant’s claim that the respondent had inherited 200 head of cattle was not substantiated.

            Held: (1) “The respondent being sued in his capacity as the administrator of his deceased brother’s estate cannot be compelled by the courts to pay to the appellant more than he had inherited from the deceased. He claimed that he had inherited only 3 head of cattle and his claim appears to have been substantiated in the lower courts but the primary court allowed the appellant’s full claim on the understanding that the respondent had absolute obligation to meet in full the deceased’s liabilities.” (2) “I find that the District Court came to the right conclusion in giving judgment for the appellant for 3 head of cattle only.” (3) Appeal dismissed.