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Gabriel Nzizula v. Rooza d/o Muyungi, (PC) Civ. App. 49-M-66, 5/2/68, Mustafa J.
Plaintiff’s close relative borrowed a sum of money from defendant, pledging a certain shamba as security. The borrower did not pay on the date specified, and defendant took possession of the shamba. Plaintiff sued to redeem the land.
Held: Under Haya Law, if a shamba has been pledged on the condition that it will become the property of a creditor failing repayment of a debt on an agreed date, relative has the right to redeem it even after the time limit for repayment has expired. Upon payment of the sum due, the relative becomes the owner of the property. [Citing Cory & Hartnoll, Customary Law of the Haya Tribe.]
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