Held there is no evidence that sukuma law would

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Held: There is no evidence that Sukuma law would regard adverse pos- session for a period of 8 years as invalidating a person’s claim to possession or establishing that person’s intention to abandon the land. Judgment for plaintiff confirmed. 9. Kawagere s/o Mulinda v. Josephina s/o (Sic) Buhirane, (PC) Civ. App. 4-M-67, 18/10/67, Platt J. Plaintiff and her brother inherited the property in question from their father. In 1952 the brother sold all of the property while he was a minor. However, it was redeemed by Lwamushuga, a clan elder, and in prior. However, it was redeemed by Lwamushuga, a clan elder, and in a prior case he was vested with the land as
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guardian for plaintiff and her brother. In 1952 he sold the land to defendant while plaintiff and her brother were still minors. Plaintiff filed this action in 1965 for pos- session of the property. The parties are Haya. Held: (1) The guardian had no right to sell the property of the minors. [Laws of Guardianship, First Schedule to Local Customary Law (Declaration) Or- der No. 4, paragraph 9 (G.N. 436 of 1963); applied to Huhaya in G.N. 605 of 1963.] (2) Plaintiff had 12 years from the date the Customary Law (Limitation of Proceedings) Rules, 1963 (G.N. 311 of 1964) came into operation to bring her claim. [See s.2.] As the boundaries between the plaintiff’s portion of the land and that inherited by her brother had never been demarcated, the case was re- manded to primary court so that the Banyaruganda decide the proper portion of the land to be given [could to a female heir and so that the land could be properly divided. (1968) H.C.D. - 5 – 10. Jafenia s/o Shimba v. Musuka s/o Nyanda, (PC) Civ. App. 180-M-66, 22/11/67, Cross J Plaintiff sued for possession of property possessed by defendant. There was conflicting evidence as to whether plaintiff had sold the land to defendant or had merely sold two houses on the property and given him permission to cultivate the land, accused constructed a house upon the land. The Primary Court ordered that plaintiff pay defendant Shs. 1,603/- before retaking possession. This award was reversed by the District Court. Held: (1) Under Sukuma Law, plaintiff could not sell his holding or enter into any transaction in which the land was the subject, but could only lend the land. [Citing Cory, Sukuma law and Custom, Rules 380, 414.] (2) Defendant knew he had only a right to cultivate the land, and the construction of the house was unjustified. Sanction should not be given to this illegal act by permitting de- fendant to remain in possession for life as suggested by his counsel. Appeal dismissed.
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11. Gervas Ngaiza Baitilwa v. Ngaiza Baitilwa , (LC) Civ. App. 20-M-65 8/12/67, Cross J. Plaintiff sued his father, and a man who had purchased a certain shamba from his father, for return of the shamba. Plaintiff alleged that he succeeded to the shamba under a will made by his grandfather, who at the time had held the land under a “Nyarubanja” tenancy. The former landlord, however, testified that plain- tiff’s father had succeeded to the tenancy upon the grandfather’s death, and had subsequently bought the holding from the landlord for Shs. 100/- Plaintiff was
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  • Fall '17
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