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Balikulije Mpumagi v. Nzwili Mashengu, (PC) Civ. App. 84-M-66, 20/11/67, Cross J.
Plaintiff, the rightful heir of a man who originally owned a certain shamba, sued for possession of the land. Defendant’s case was that he had occupied and cultivated the shamba for 23 years. The District Court assessors “advised that according to customary law the length of time the (defendant) had occupied and cultivated the shamba entitled him to possession of the shamba.” Plaintiff’s appeal dismissed.
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