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Kimonge Mwalimu v. Kavuli Ngoma, (PC) Civ. App. 25-D-68, 25/5/68, Hamlyn J.
Some years ago, a certain path was used by villagers generally to take cattle to pasture. Within the past few years, respondent extended his cultivation into the track, narrowing it until it now suffices only for pedestrians. Appellant sought to re-open the track, which “saves cattle owners from driving their beasts several miles in order to get to the grazing grounds.”
Held: As it appears that there is no lack of ground in the area for cultivation of crops elsewhere, the track should be re-opened; the whom of a single person cannot outweigh “the established rights of the community as a whole.” “I consider that local authority might assist in demarcating the boundaries of the track so that all may be aware of the extent of their rights of passage.
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