Mwehela Kibungo v. Mudabe Muhungula, (PC) Civ. App. 48-M-69, 17/4/69, Seaton J.

Mwehela Kibungo v. Mudabe Muhungula, (PC) Civ. App. 48-M-69, 17/4/69, Seaton J.

The respondent moved from his father’s village to that of his uncle, the appellant, who allowed him to settle upon and cultivate a piece of his land. The respondent had four wives and numerous children. He grew cassava and bananas and built five houses on the plot. The appellant, who dispossessed the respondent, claims that he only allowed the respondent to live on the land and did not transfer to him any rights over the land. The respondent alleged that he had bought the land from the appellant. When the respondent began building the houses, the appellant called two witnesses on the land, allegedly to witness that the land had not been sold. They were not shown the boundaries of the land nor were they offered money or a drink.

Held: “According to the laws applicable for buying shambas or portions of land in Kasulu District among the Waha tribe, the lad being sold including its boundaries should be seen and verified by the people who appear as witnesses. The witnesses are supposed to know the boundaries clearly and they should also be given pombe to drink or money be distributed between them in lieu thereof for the purpose of making sure and confirming the selling of the land.” In this case, therefore, no sale took place. (2) “It would be manifestly unfair that a man who had been given land and who expended labour in cultivating and improving it and in building five houses thereon, should be summarily dispossessed merely at the whim of the original donor. There is no allegation that he land is being misused by Mudabe and it has been found by the lower courts that Mwehela has another shamba on which he cultivates.” (3) Appeal dismissed.