Jackson Lesirango v. Pantaleo KirboI, (PC) Civ. App. 108-D-67, 26/8/69, Georges, C. J.

Jackson Lesirango v. Pantaleo KirboI, (PC) Civ. App. 108-D-67, 26/8/69, Georges, C. J.

The plaintiff, a schoolboy of 14 years, sued the defendant in respect to a piece of land in Kilimanjaro district, which defendant planned to sell, but which plaintiff claimed as his own.

Both parties claimed to have inherited the land from a certain deceased person, who was the full brother of the defendant, and also the father of the defendant, and also the father of the plaintiff’s mother.

            Held: (1) “I am not aware what the present practice is but would rule that in cases where it is necessary for a young child of that age to sue in order to protect a legal right, or where it may be necessary to sue him in order to do so, his legal guardian should sue or e sued as the representative of the child.” (2) The defendant was successful before the District Magistrate who held that it was clear law that if there were males in the clan, widows could not inherit or give away land belonging to the clan …….. The burden of the plaintiff’s complaint in the memorandum of appeal was that the defendant had not behaved properly towards the deceased …… This does not, in m view, affect the validity of the argument advanced by the District Magistrate that a widow cannot inherit clan land when there are male relatives of the clan eligible to inherit.” (3) Appeal dismissed.