Marwa Kebahi v. Thomas Nyangi, (PC) Civ. App. 161-M-66, 26/1/68, Mustafa J.

Marwa Kebahi v. Thomas Nyangi, (PC) Civ. App. 161-M-66, 26/1/68, Mustafa J.

Defendant, a headman, seized cattle belonging to plaintiff, sold then at public auction, and applied the proceeds to the payment of local rates by two person alleged to be plaintiff’s brothers and for whose local rates plaintiff was allegedly responsible. Plaintiff sued for return of the cattle, contending that one of the persons for whose local rates he was assessed was not his brother at all, and that the other, while admittedly his brother, was a school boy at the time of assessment and consequently not subject to local rates.

            Held: Defendant has the burden of showing that plaintiff is liable for the local rates of the person concerned, which burden he failed to discharge here. Defendant was ordered to pay the value of the cattle which were assessed at Shs. 100/- each.