Kisema Ndutu v. Masholo Mishiga, (PC) Civ. App. 41-M-67, 12/12/67, Cross J.

Kisema Ndutu v. Masholo Mishiga, (PC) Civ. App. 41-M-67, 12/12/67, Cross J.

Plaintiff had been given a plot of land to cultivate by defendant’s father. He worked the land for approximately 3 years, his total period of occupation being about 5 years. The defendant expelled plaintiff from the land on the grounds that plaintiff had improperly planted certain crops and had cultivated in an area not given to him. For at least the next 8 years --- the witnesses ’accounts differ--- plaintiff filed no claim for possession of the shamba. Defendant now argues that plaintiff thereby a condoned the land, barring his present action.

            Held: There is no evidence that Sukuma law would regard adverse possession for a period of 8 years as invalidating a person’s claim to  possession or establishing that person’s intention to abandon the land. Judgment for plaintiff confirmed.