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Abedi Shekulwavu v. Salimu Juma, (LC) Civ. App. 26-D-66; 24/467; Saidi J.
Under the customary practice of “gunda” in Lushoto, a piece of land was given to the local ruler. Defendant, a traditional chieftain, accordingly had lived on a shamba for fifty years; his family had farmed the same shamba for twenty-five years before that. With the abolition of traditional Chieftainship in 1962, plaintiff brought proceedings on behalf of his clan to recover the shamba from defendant.
Held: The clan gave up the land permanently. It would be “utterly unfair and unreasonable to disturb (defendant’s) long occupation of the shamba.” Plaintiff’ ’s claim dismissed.
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