Leonard Karomba v. Mustafa Buberwa, (PC) Civ. App. 199-M-67, 3/2/68, Mustafa J.

Leonard Karomba v. Mustafa Buberwa, (PC) Civ. App. 199-M-67, 3/2/68, Mustafa J.

Plaintiff borrowed Shs. 200/- in October, 1964, putting up a shamba leld under Nyarubanja tenure as security. Repayment was originally due in October, 1965, which due date was extended by mutual consent to March, 1966. Plaintiff had not sought to prevent him from living on or using the shamba. Defendant refused the tendered repayment, preferring title to the shamba (the redemption period having expired), whereupon plaintiff filed this action seeking an order requiring defendant to accept repayment of the loan.

            Held: The district magistrate found that defendant was trying by devious means to obtain the piece of land. The judgment of the District Court was upheld and defendant was ordered to accept repayment of the Shs. 200/- thus extinguishing any and all claim he had to the shamba.