Bi. Amina Katume v. Eustace Ndyakowa, (PC) Civ. App. 64-M-65, 16/11/67, Cross J.

Bi. Amina Katume v. Eustace Ndyakowa, (PC) Civ. App. 64-M-65, 16/11/67, Cross J.

Plaintiff purchased land from defendant, and created a house thereon. The land had been sold by defendant to a third party, with whom plaintiff become involved in ultimately unsuccessful litigation over possession of the land. Plaintiff was awarded Shs. 1,438/- by the Primary Court. The District Court reduced this amount, holding that plaintiff was not entitled to the costs of her appellate litigation, since it appeared that she had had no right to appeal in that case, nor to the costs of removable iron sheets she had used for the house, nor the value of crops planted during the litigation.

Held: “The …. Litigation was due entirely to the dishonesty of the (defendant) and I cannot see why the costs incurred by the (plaintiff) in the course of that litigation should not be borne by the (defendant). Until a judicial decision was handed down (plaintiff) was entitled to treat the land as her own.” Judgment for plaintiff restored in full.