Msigiti v. Tunguli (PC) Civ. App. 19-D-70; 28/8/70; Biron, J.

Msigiti v. Tunguli (PC) Civ. App. 19-D-70; 28/8/70; Biron, J.

The appellant had instituted a suit in the primary court claiming that a shamba possessed by the respondent’s sister and which respondent wanted to sell was clan land. The land originally belonged to the grandfather of the parties. The respondent contended that the land had been given to his mother by his father and that is father and that it had been cultivated by his sister for 36 years since the death of their father and therefore it was not clan land. Both the primary and district courts fund for the respondent.

            Held: (1) “The Primary Court directed itself that where a man has two wives and sons by these wives, the son who inherits a shamba belonging to his mother, has full title to it. It is only when the shamba is inherited from the father that it remains clan land. This is according to Kisambaa Custom.” (2) “The Primary Court further directed itself that according to Kisambaa Customary Law, a person who has cultivated and been in undisturbed possession for three years of land, cannot be deprived of it.” (3) “The Primary Court further held that the shamba belonged to Matuli and dismissed the appellant’s claim.” (4) “In all the circumstances, as, I think, sufficiently demonstrated, the two courts considered the evidence adduced and directed themselves on the law applicable. And I am very far from persuaded that any court would be justified in interfering with their decision and orders.” (5) Appeal dismissed.