Kasunga Mwakitalima v. Kitindisya Mapata, (PC) Civ. App. 217-D-67 11/4/68 Saudi J.

Kasunga Mwakitalima v. Kitindisya Mapata, (PC) Civ. App. 217-D-67 11/4/68 Saudi J.

Plaintiff sued for the value of trees cut by defendant, his neighbour. Defendant argued that the former owner of the shamba in question, plaintiff’s younger brother, had abandoned the land in 1955, and that the village headman had allotted it to defendant in the same year. Defendant claimed to have planted several trees since that time. The dispute between plaintiff and defendant originated in criminal proceedings brought in 1966 by plaintiff.

            Held (1) The allotment, if any, by the village headman, could not be considerer lawful, as it was made in the same year as the alleged abandonment; the District Council by-laws require a waiting period of 2 years. (2)Defendant cannot claim the land by virtue of adverse possession, because 12 years had not passed since he occupied it.