Bituro d/o Msiba v. Magero Naguguri, (PC) Civ. App. 197-D-66, 16/3/68, Duff J.

Bituro d/o Msiba v. Magero Naguguri, (PC) Civ. App. 197-D-66, 16/3/68, Duff J.

Plaintiff, a relative of deceased, claimed ownership of a house which had been registered in the name of deceased. The house had been built with the lab our of defendant and deceased on the land of a third party, but it had been registered in deceased’s name alone. Deceased had been destitute and defendant had cared for her for ten years, whereas plaintiff had provided no aid for deceased.

            Held: In order to do justice in the case, the value of the care which defendant provided for deceased should be equated with the value of the labour of deceased in building the house. Defendant was awarded ownership of the house, subject to any claims of the owner of the land, and plaintiff was awarded Shs. 270/- belonging to deceased out of which costs of the suit were to be paid.