Sylvester Laurent v. Katambeki Ndyema, (PC) Civ. App. 212-M-67, 14/3/68, Mustafa J.

Sylvester Laurent v. Katambeki Ndyema, (PC) Civ. App. 212-M-67, 14/3/68, Mustafa J.

This case concerned a dispute as to the boundaries between the forest land of plaintiff and that of defendants. The Primary Court gave judgment for plaintiff after visiting the site and consulting with village elders. On appeal the District Court Magistrate reversed the judgment relying on his inspection of the disputed land and on Buhaya customary law that a resident under the rule of one headman cannot acquire forest land beyond the boundaries of his headman ship, unless he has another shamba there. The District Court Magistrate gave plaintiff no opportunity to dispute his findings of fact concerning the nature of the land or his conclusion as to the customary law. He also did not consult with villagers when he visited the land.

            Held: The District Court Magistrate wrongly based his judgment on his personal knowledge. He should have given plaintiff the opportunity to challenge his conclusions of fact and findings of customary law. The Court stated, obiter that when visiting the site, the better practice would have been for the Magistrate to consult with the village development committee and other villagers rather than relying entirely on his personal observations. Primary Court judgment for plaintiff restored.