On appeal the district court reversed but made no ref

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ruled in favour of plaintiff. On appeal, the district court reversed, but made no ref- erence to the customary law or to the opinions of the assessors who had heard the appeal. Held: (1) The matter is governed by customary law “and this of course de- pends upon the view taken by the assessors of the matter,” The district court should have referred in its judgment to the opinions of the assessors and to the customary law. (2) In the absence of other authority as to the Sambaa law, the court must accept the opinion of the assessors at the primary court that female may not inherit real estate but has a right to monetary value only. The judgment of the primary court for plaintiff was restored. 230. Ibrahim Lihoha v. Saidi Meda , (PC) Civ. App. 101-D-66; -/-/67; Hamlyn, J. Plaintiff and defendant are owners of adjacent land holdings which are separated by a stream. For no apparent cause, the stream began to crode defendant’s land and to deposit soil on plaintiff’s side of the stream. Over a period of several years about one-half acre was eroded and deposited in this manner. Defendant claimed the right to follow the soil and began to farm the land which had been deposited. Plaintiff filed this action claiming the land. Held: Under Hehe customary law, if the eroded area is considerable and is gradually deposited as an addition to another’s property, the original holder of the eroded land can “follow” it and he retains ownership. The court distinguished this result from that reached under Roman Law where gradual deposits normally en- sure to the benefit of the owner of land contiguous to the deposit. It compared the result to the Roman Law concept of ager limitatus .
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231. Boniface Muhigi v. Philemon Muhigi (PC) Civ. App. 38-M-66; 18/7/67; Cross, J. In 1946, plaintiff sold a clan shamba without the permission of his paternal rela- tives. Defendant then brought an action in the Court of the Kanyigo Chiefdom. The judgment provided that defendant should pay Shs. 300/- to plaintiff who should use it to refund the purchase price and reclaim the land. The defendant, and he in fact entered into possession of the land. In the present action, plaintiff claimed the right to redeem the shamba for himself by reimbursing defendant for the money which he had paid as a result of the earlier judgment. Held : (1) The Customary Law (Limitation or Proceedings Rules, 1963, provide that the period of limitation is deemed to have commenced on the day when the right of action arose or on the day when the Rules came into operation, which ever is later. The rules came into operation on 29 th May, 1964, and this suit was filed only nine months thereafter. Therefore, the suit is not barred. (2) If a person sells his land to someone other than a member of the clan without inform- ing his (1967) H.C.D. - 64 – Paternal relatives of the transaction, these relatives may invalidate the sale by bringing an action against the vendor, who must then return the purchase price or allow the relatives to do so. The land then returns to the family and becomes the property of the man who repays the purchase price. Citing Corr and Hartnoll,
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  • Fall '17
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