Laurent Ochola v. Tembo Odoyo, (LC) Civ. App. 5-D-66, 20/11/67, Hamlyn J.

Laurent Ochola v. Tembo Odoyo, (LC) Civ. App. 5-D-66, 20/11/67, Hamlyn J.

Appellant and respondent both claim a certain plot of land, each alleging that it was allocated to him by the local authority. Appellant’s claim goes back to 1957, respondent’s only to 1963. Respondent erected a dwelling house and shop on the land. Appellant, who lives on the plot next to the one in dispute, took no action in respect of his claim until after respondent had completed the building.

            Held: “Whether or not the appellant was in fact granted the plot in 1957 as he claims, he has made no effort to develop it and it was not until the respondent/completed his building that he laid claim to it. The fact that he did nothing when building that he laid claim to it. The fact that he did nothing when building commenced would point to the fact that the claim is not a bona fide one but merely made in order to reap the harvest of another man’s labour.” Appeal dismissed.