Gervas Ngaiza Baitilwa v. Ngaiza Baitilwa, (LC) Civ. App. 20-M-65 8/12/67, Cross J.

Gervas Ngaiza Baitilwa v. Ngaiza Baitilwa, (LC) Civ. App. 20-M-65 8/12/67, Cross J.

Plaintiff sued his father, and a man who had purchased a certain shamba from his father, for return of the shamba. Plaintiff alleged that he succeeded to the shamba under a will made by his grandfather, who at the time had held the land under a “Nyarubanja” tenancy. The former landlord, however, testified that plaintiff’s father had succeeded to the tenancy upon the grandfather’s death, and had subsequently bought the holding from the landlord for Shs. 100/- Plaintiff was unable to produce the grandfather’s will.

            Held: Absent a will disinheriting his son as the primary heir, a tenant’s holding passes to his son. [Citing Cory and Hartnoll, Customary Law of the Haya Tribe, paragraph 554 (ix).] Having properly succeeded to his own father’s interest and dispose of the land as he wished. Plaintiff’s appeal dismissed.