Ibrahim Lihoha v. Saidi Meda, (PC) Civ. App. 101-D-66; -/-/67; Hamlyn, J.

Ibrahim Lihoha v. Saidi Meda, (PC) Civ. App. 101-D-66; -/-/67; Hamlyn, J.

Plaintiff and defendant are owners of adjacent land holdings which are separated by a stream. For no apparent cause, the stream began to crode defendant’s land and to deposit soil on plaintiff’s side of the stream. Over a period of several years about one-half acre was eroded and deposited in this manner. Defendant claimed the right to follow the soil and began to farm the land which had been deposited. Plaintiff filed this action claiming the land.

            Held: Under Hehe customary law, if the eroded area is considerable and is gradually deposited as an addition to another’s property, the original holder of the eroded land can “follow” it and he retains ownership. The court distinguished this result from that reached under Roman Law where gradual deposits normally ensure to the benefit of the owner of land contiguous to the deposit. It compared the result to the Roman Law concept of ager limitatus.