Simeon Osita v. Adrianus Serere, (PC) Civ. App. 114-D-66, 26/12/67, Biron J.

Simeon Osita v. Adrianus Serere, (PC) Civ. App. 114-D-66, 26/12/67, Biron J.

Plaintiff had been allocated a plot of land some distance from his house by the chief of the district, and had occupied it continuously from either 1946 or 1949. The village executive officers, however, re-allocated the land, giving the plot in question to the defendant. The District Court, on defendant’s appeal from a Primary Court judgment for plaintiff, held that the executive officers were justified in this action, apparently on the ground that plaintiff’s house was some distance from the land.

            Held: In view pf plaintiff’s long-term, undisturbed possession of the land under a clearly proven allocation by the former chief, “there was no justification in law, and still less on ethical grounds, “ for the District Court’s judgment. “Even if the land was subsequently granted to the defendant by the village executive officers, this Court is far from persuaded that in the circumstances of the case they had any right to do so.” Primary Court judgment restored.