Laurean Baitu v. Stanslaus Tibenda, (PC) Civ. App. 168-M-68, 19/9.68, Mustafa J.
Plaintiff brought an action to redeem clan shamba sold by his full brother for Shs. 350/- to defendant. It was established that defendant is a clan member, and that the sale was made in the presence of three witnesses and that when plaintiff was asked to be present at the time of the sale, he refused.
Held: Affirming the judgments of the courts below, “[Plaintiff] has no right to redeem the clan shamba when it was sold to another clan member. I refer to case No. 84 in the Digest of Appeals From Local Courts, being Appeal No. 18 of 1955 from the Bukoba area where the court disallowed the attempted redemption of a sale of clan lands within the clan; i.e. both the vendor and the purchaser belonging to the same clan. In fact, the district magistrate referred to this appeal in his judgment when dismissing [Plaintiff’s]first appeal.”
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