Kasyupa Mwakabuta v. Salimu Mwalubwelo, (PC) Civ. App. 215-D-67, 3/5/68, Biron J.

Kasyupa Mwakabuta v. Salimu Mwalubwelo, (PC) Civ. App. 215-D-67, 3/5/68, Biron J.

The land in dispute is a cultivated shamba, and it is common ground that it originally belonged to the respondent, a village headman. When the appellant came to settle in the respondent’s village, he applied to the respondent for some land, and the respondent duly let him go into occupation of the disputed shamba. The appellant’s case was that he was allocated the land as an out –and-out grant. The respondent’s case was that the shamba, which, he said, really belonged to his sons, was only granted by him for temporary use, as his sons had left home seeking work elsewhere, and he accordingly let the appellant have the use of the land in his sons’ absence.

            At the hearing of the appeal before the District Court, the respondent asserted that the appellant, upon returning the shamba in dispute, went to the local chief, whom he informed that he had returned the respondent’s plantation to him, and consequently asked to be allocated some other land. The chief accordingly complied and allocated him a piece of land. Both parties expressly declared before the district Court that they would abide by whatever the chief stated. The District Court duly visited the site and, of its own motion, called the chief in question. He categorically stated that the appellant came to him asking to be allocated some land, as he had returned to the respondent the plantation which the latter had allowed him to cultivate temporarily.

Held: The District Court’s decision was full supported and justified by the evidence, “The appellant has been given his own shamba by his chief, and therefore it is his duty to develop his new shamba as the respondent had done this one”.

The appeal is dismissed.