Kapasyu s/o Mwaipinga v. Mwendilemo s/o Mwakyusa, (PC) Civ. App. 149-D-67, 8/11/67, Duff J.

Kapasyu s/o Mwaipinga v. Mwendilemo s/o Mwakyusa, (PC) Civ. App. 149-D-67, 8/11/67, Duff J.

The dispute between the two relatives involved a parcel of land, each claming it by inheritance. The assessors in the district court suggested that as the parties are related the dispute could be brought to an amicable solution by dividing the land equally between the two claimants. Such a verdict is consistent with Nyakyusa customary law, and the magistrate accepted the advice of the assessors, and held accordingly.

            Held: “It is clear that any customary law which dispossesses an owner would be contrary to the principle of natural justice …. The ‘Solomon’ ruling must be disturbed.” On the facts before the court, including an earlier litigation involving the same plot of land, the disputed plot was awarded to Mwendilomo, the respondent.