Evarister Martin v. Tefumwa Tibishubwamu & Another (PC) Civ. App. 171-M-68, 30/8 Mustafa J.

Evarister Martin v. Tefumwa Tibishubwamu & Another (PC) Civ. App. 171-M-68, 30/8 Mustafa J.

The appellant claims to redeem a clan shamba sold by the respondent to a third party for 350/-. The sale was witnessed by the appellant’s father and other clan members. The district court, upholding the decision of the primary court, held that the period of limitation was stated in Cory & Hartnoll’s book to be 3 months from the time the appellant became aware of the sale. The appellant had not brought the action within that period and the action failed.

            Held: (1) The period of limitation was now laid down by the Customary Law (Limitation of Proceedings) Rules, 1963, Government Notice 311/1964 made under Magistrates Courts Act 1967. And under that provision, by Item 6 of the schedule, proceeding to recover land must be brought within 12 years. Cited;- Evarista Makono v. Mashomelo Muhuba Mwanza P. C. Civil Appeal 37/1965 and Constantine Kaiza v. Bi Mukalegililwa Kampanju Mwanza P.C. Civil Appeal 85/1968 (2) The appellant is therefore allowed to redeem the shamba. (3) He must pay the third party the 350/- purchase price and the value of any improvements made by the third party since the date of purchase. (4) The case is remitted to the primary court to assess the value of those improvements (5) A period of 6 months is allowed within which the appellant may redeem since this will enable the primary court to assess the improvements. (6) If the appellant does not redeem within the 6 months, the sale will become irrevocable.