Josephat Kabiyengo v. Laurian Kyoba, (PC) Civ. App. 43-M-67, 16/1/68, Mustafa J.

Josephat Kabiyengo v. Laurian Kyoba, (PC) Civ. App. 43-M-67, 16/1/68, Mustafa J.

Plaintiff sued to recover a clan shamba sold by the second defendant to the first defendant without clan consent. The Primary Court conditioned its order for redemption on payment by plaintiff to the first defendant of Shs. 600/-, purchase money. On appeal. The District Court in Bokoba took further evidence, visiting the shamba, and allowed the first defendant Shs. 2,000/- the value of coffee and banana trees he had planted on the shamba. This allowance was based on the finding that plaintiff had known of the sale for a considerable time, and had waited until the shamba had been improved before filing his action. Plaintiff was allowed two months from the date of the District  Court judgment to redeem the shamba.

            Held: “(T)he district magistrate was right to add on to the purchases price the value of the improvements … See section 564, Cory & Hartnoll at page 139. I cannot say that shs. 2,000/- for two acres of coffee trees and banana plants is excessive.” Time for redemption was extended by approximately 11 months, failing which the shamba would be the property of first defendant. Plaintiff’s appeal dismissed.