Daniel Marwa v. Surati Mwita, (PC) CIF. App. 113-D-66, 8/2/68, Saudi J.

Daniel Marwa v. Surati Mwita, (PC) CIF. App. 113-D-66, 8/2/68, Saudi J.

Two neighbors disagreed as to which one of them had the right to an adjacent piece of land which had recently become vacant. Respondent moved on to the land, claiming the former owner had given it to him, though he did not produce the former owner as a witness, or other credible evidence to establish his claim. Appellant’s claim rests on the fact that he went to the local VDC which allocated the plot to him, notwithstanding (or perhaps in ignorance of ) respondent’s occupation of the land.

            Held: In view of the respondent’s inability to clearly establish his right to the land, and appellant’s inability to show that he had a superior claim to the land, the District Court divided it equally between the parties. The High Court could see no good ground for interfering with this decision, and accordingly dismissed the appeal.