Said Mfaume v. Rajabu Fuko (PC) Civ. App. 74-D-69; 29/11/69; Georges C. J.

 

Said Mfaume v. Rajabu Fuko (PC) Civ. App. 74-D-69; 29/11/69; Georges C. J.

The appellant’s brother Simba (deceased was either married to or lived in concubinage with the respondent’s sister. The appellant’s case was that the land on which his deceased brother and the plaintiff’s sister lived had been given to his brother b one Gogo, since deceased, and that on his brother’s death the land had passed to him. He had, however, gone off to Tunduru leaving one Ramadhani in charge. He returned perhaps 20 years later to find the respondent in occupation of the land. The respondent, on the other hand claimed that the land was clan land and that the appellant’s brother had occupied it because he lived with his (the respondent’s) sister and that on the sister’s death the property had passed on to him. On appeal from Primary Court, the district court decided against the appellant on the ground that according to Uluguru law anyone given land should have a certificate of title; the appellant did not have one. Furthermore, if the land was clan land then on the death of simba’s wife it would be inherited by her relatives and not by his.

            Held: (1) “I see no reason for reversing the decision of the District Magistrate which seems well founded on the facts and in law. When a claimant returns after more than 20 years to assert ownership of a piece of land which he has never occupied and which the person against whom he claims has been occupying and improving then he must  bring very convincing evidence if he is to succeed. This the appellant has not done.” (2) Appeal dismissed.