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Munyaga Wagobyo v. Muling Katama, (PC) Civ. App. 177-M-66, 11/12/67, Cross J.
Plaintiff sued defendant for possession of a plot of land, which plaintiff alleged had been given to defendant “to cultivate” By plaintiff’s grandfather. Defendant alleged that the inherited the land through his own father and grandfather. One of plaintiff’s witnesses admitted that defendant had been cultivating the land “continuously since the time of the Germans.”
Held: Whatever the circumstances of defendant’s original occupation, it would be “completely contrary to the principles of equity to deprive him of the rights which he has acquired to the (plaintiff’s) knowledge over his long period” of occupation. Plaintiff’s appeal dismissed.
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