Bi-Baikiliza Kamugisha v. Bi-Kyobalychwa Kamugisha, (PC) Civ. App. 226-D-67, 27/4/68, Hamlyn J.

Bi-Baikiliza Kamugisha v. Bi-Kyobalychwa Kamugisha, (PC) Civ. App. 226-D-67, 27/4/68, Hamlyn J.

In 1966 defendant purported to sell her share in family land to one Felician. Plaintiffs, members of the family, then filed this action in a primary court in the Bukoba District to recover the land Felician, the purchaser, was not made a party to the suit. The primary court ordered that the land be confiscated and returned to the family without compensation to the purchaser.

            Held: (1) “The purchaser was entitled to be heard and to Endeavour to establish title to the land. If (as seems to be the case) the seller had no title to pass to the purchaser, then he was clearly entitled himself to be compensated …..” (2) The Court stated, obiter: Defendant had no title to transfer to the purchaser, the property being a family land and she being a female. In any event, the transaction appears to be ultra vires because no consent of defendant’s near relatives was obtained. Plaintiffs advised to attempt to obtain the return of the land by amicable settment or, failing that, by instituting a new action.