Kidele s/o Juma v. Thomas s/o Shenkunde, (PC) Civ. App. 103-D-68, 10/10/68, Duff J.

Kidele s/o Juma v. Thomas s/o Shenkunde, (PC) Civ. App. 103-D-68, 10/10/68, Duff J.

Appellant, the niece of respondent, had been in possession of a piece of land for over 30 years. It had been given to her by her grandfather. Respondent claimed it was given only for cultivation, and that he had inherited it, when his father, the appellant’s grandfather, died. He claimed he now needed it for his son.

            Held: (1) (reversing both lower courts) The burden of establishing that the gift was not absolute lay on the respondent since it was he who was claiming the land. (2) The delay of 30 years in bringing the claim could not be excused merely on the ground that the respondent needed it for his son. (3) Although the assessors doubted the ability of a woman to inherit under Sambaa Law, that issue was not raised by the respondent. Appeal allowed.