Nyagobro Ginonge v. Chagha Gasaya, (PC) Civ. App. 151-D-67; 19/9/68, Hamlyn J.

Nyagobro Ginonge v. Chagha Gasaya, (PC) Civ. App. 151-D-67; 19/9/68, Hamlyn J.

Appellant claimed the disputed plot of land as owner thereof. It was established that about ten years before the re-allocation she had left the disputed land and had gone to live in another area at a considerable distance there from, though she had left standing on the land a hut “of no great value”. There was no evidence that during the period of absence the land was worked or developed by her. The Village Committee allotted the land to respondent as result of which appellant instituted these proceedings alleging that the land was hers and that respondent was a trespasser upon it. The Primary Court, Nyamawaga, gave judgment in her favour; this judgment was reversed by the District Court, North Mara.

            Held: Appellant’s claim dismissed (1) It would be neither good law nor in accordance with public policy to allow a plot holder to depart from the land for such a number of years with the result that the land may lie fallow or revert to bush. (2) Once it becomes established (as in the instant case) that there has been no real animus revertendi, even though a hut remains thereon, the land merges in the common public seeking property to develop.