Halima Mgaya v. Saada Juma, (PC) Civ. App. 100-D-67, 31/1/68, Saudi J.

Halima Mgaya v. Saada Juma, (PC) Civ. App. 100-D-67, 31/1/68, Saudi J.

Mgaya and Juma owned adjoining shambaa. It was not disputed that two trees an mango and a coconut, which were growing on Mgaya’s land belonged to Juma, having been planted there by his father, although it was not clear how this had come about. Mgaya sought an order restraining Juma from picking the fruit from his trees.

            Held: Juma should be compensated for the trees which he owns at the Government rate and then they will belong to Mgaya, thus giving fair treatment to both parties and precluding further disputes from arising concerning these trees. The compensation should be paid in annual installments out of the sale of the fruit from the trees.