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Masubo Karera v. Marwa Nyanokwa, (LC) Civ. App. 10-M-65, -/-/67, Erokwu J.
Appellant had been in uninterrupted possession of a piece of land for over 16 years, and had developed that land. The Village Development Committee allocated the plot to respondent who lived closer to it than appellant.
Held: “……(I)n allocating the piece of land to the respondent the V.D.C. acted on wrong and irregular principle. The piece of land was not lying just vacant. The appellant was in effective possession and had been developing the land for several years. There must be a very strong reason to justify his being disposed of the land by the V. D. C.” He such strong reason exists here. Judgement for appellant.
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