Andrea Rafael v. Antonia Masakuya, (PC) Civ. App. 51-D-66, 5/2/68, Biron J.

Andrea Rafael v. Antonia Masakuya, (PC) Civ. App. 51-D-66, 5/2/68, Biron J.

Plaintiff entered into a contract to sell a shamba to defendant. Defendant went into possession and had, at the time of the action, remained so for five years.

Plaintiff refused to complete the sale and claimed possession. Defendant did not dispute the claim to possession, but claimed compensation for improvements she had effected on the land(banana trees, coffee trees aged 2 or 3 years, and a house for cattle). The District Court of Kilimanjaro awarded her compensation for the improvements, and also for “trouble created by the (plaintiff).”

            Held: (1) Defendant is entitled to compensation for the improvements, at the rates of She. 10/- for each banana tree, She. 3/- for each coffee tree, and She. 200/- for the cattle house, if she gives up possession. (2) Alternatively, the defendant could insist upon completion of the contract and, upon payment of the purchase price, become entitled to possession of the land. (3) The defendant is not entitled, in fact or in law, to compensation for “trouble created” by plaintiff.