Amiri Ludongo v. Hija Gamba, (PC) Civ. App. 86-D-68, 19/11/68, Hamlyn J.

Amiri Ludongo v. Hija Gamba, (PC) Civ. App. 86-D-68, 19/11/68, Hamlyn J.

The appellant and respondent occupied contiguous shambas on a mountain slope. The lower boundaries of their shambas were marked by the bank of the Ruvu River. At a recent date,

The river shifted its channel so that it flowed further down the slope, forming a strip of newly uncovered land contiguous to the existing shambas of the two parties. Both parties claimed that whole strip belonged to them.

            Held: (upholding District Court) (1) The new land did not accrue to either party. (2) The parties, or anybody else were at liberty to apply to the appropriate authorities to obtain the new land and their application would presumably be considered as a normal administrative decision. (Note; It does not appear from the facts whether the land in question was held for a right of occupancy or under the customary law of the Morogoro area).