Bansongile s/o Mwalugaja v. Sifumwike s/o Mwandinde, (LC) Civ. App. 78-D-65, 11/9/67, Hamlyn J.

Bansongile s/o Mwalugaja v. Sifumwike s/o Mwandinde, (LC) Civ. App. 78-D-65, 11/9/67, Hamlyn J.

Plaintiff sue for possession of a plot of land allegedly allotted to him by a local headman. Defendant alleged that the land had been allotted by the local authority to defendant’s church, which defendant purported to represent in the present action. Defendant appeared in his own name, however. The customary law involved was not specified.

            Held: (1) The Primary Courts have a less precise mode of procedure than the courts governed by the 1966 Civil Procedure Code. Order 1, rule 8 of that Code may be loosely applied in the Primary Courts to permit the appearance of the defendant here as a representative of his church, since the fact that he meant to so appear was “clearly known to the [plaintiff] from the start of the litigation.” (2) The Local authority does not lack power to allocate land for use for religious purposes. [Citing Pamaluka Mahema v. Twipakisyege Mwakatobe (LC) Civ. App. 19 of 1966.] The evidence supports the finding that such was the disposition to the defendant in this case. Plaintiff’s appeal dismissed.