20 balikulije mpumagi v nzwili mashengu pc civ app 84

Info icon This preview shows pages 403–406. Sign up to view the full content.

20. Balikulije Mpumagi v. Nzwili Mashengu, ( PC) Civ. App. 84-M-66, 20/11/67, Cross J. Plaintiff, the rightful heir of a man who originally owned a certain shamba, sued for possession of the land. Defendant’s case was that he had occupied and culti- vated the shamba for 23 years. The District Court assessors “advised that ac- cording to customary law the length of time the (defendant) had occupied and cultivated the shamba entitled him to possession of the shamba.” Plaintiff’s ap- peal dismissed.
Image of page 403

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

21. Simeon Osita v. Adrianus Serere , (PC) Civ. App. 114-D-66, 26/12/67, Biron J. Plaintiff had been allocated a plot of land some distance from his house by the chief of the district, and had occupied it continuously from either 1946 or 1949. The village executive officers, however, re-allocated the land, giving the plot in question to the defendant. The District Court, on defendant’s appeal from a Pri- mary Court judgment for plaintiff, held that the executive officers were justified in this action, apparently on the ground that plaintiff’s house was some distance from the land. Held: In view pf plaintiff’s long-term, undisturbed possession of the land under a clearly proven allocation by the former chief, “there was no justification in law, and still less on ethical grounds, “ for the District Court’s judgment. “Even if the land was subsequently granted to the defendant by the village executive of- ficers, this Court is far from persuaded that in the circumstances of the case they had any right to do so.” Primary Court judgment restored. (1968)H.C.D. - 9 - 22. Samuel Shandrack Machango v. Tulsidas Narandas Morjaria , Misc. Civ. App. 9-D-67, 30/9/67, Georges C. J. On July 1, 1959, the date on which “standard rent” is determined under the Rent Restriction Act, the premises in issue were being let at Shs. 1,250/- per month; one month later, the rent was reduced to Shs. 700/- per month. In 1961, the res- pondent in this case became the tenant, paying Shs. 600/- per month; in Sep- tember of 1962, he sublet the premises to the appellant here at Shs. 1,250/- per month, a sum which he now justifies by citing improvements made during his oc- cupancy. Although it was clear that the improvements could not justify such a rent, the sub lessee was content to pay it until September of 1964 when the te- nant asked for Shs. 1,500/- The sub lessee paid this sum for four months, through December of 1964, and then refused to continue. In March of 1965, the
Image of page 404
tenant filed suit in District Court for the January and February rent; this suit was eventually transferred to the Rent Restriction Board. During the pendency of these proceedings, in September of 1965, the sub lessee surrendered his sub tenancy to the owner of the building, who then leased it to NUTA, the present occupant; the tenant made no objection to these arrange- ments.
Image of page 405

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 406
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern