Mutesiga Mpohi v. Felician Rashabo Barthazal, (PC) Civ. App. 143-M-68, 10/10/68, Seaton J.

Mutesiga Mpohi v. Felician Rashabo Barthazal, (PC) Civ. App. 143-M-68, 10/10/68, Seaton J.

The appellant claimed damages for reeds which he claimed had been cut and taken from his land by the respondent. He succeeded in the Primary Court but the District Court, while upholding the order for payment of compensation, stated that the land belonged to the respondent although the t appellant had an interest in the reeds for his life.

            Held: (1) The District Magistrate had said that reeds were invaluable in Buhaya for such purposes as building huts and as firewood, and could be inherited by a different person from he who inherited the land. Whether or not this was correct as to the ownership of reeds in Buhaya, there was no evidence of separate ownership here. The evidence was that the land and reeds belonged to the appellant. (2) Appeal allowed.