BISHENSHE v. GREGORY AND JUMA (1972) HCD 6

(PC) Civ. App. 102-M-70; 11/12/71; Kisanga Ag. J.

The first respondent sold a clan shamba to the second respondent without informing the appellant who is a member of his family. The appellant sued the two respondents jointly for the redemption of a clan shamba worth Shs. 3,400/=. The primary court at Kalabagaine Allowed the appellant to redeem the land on repayment of the purchase price and compensation for improvements done to the land and gave her 1¹/₂ years during which to redeem such land. Shs appealed to the district court at Bukoba where she urged that the land be restored to her clan without any compensation to the buyer. The district court upheld the decision of the primary court.

           

HELD:

(1) “Both courts below found that the second respondent had carried out improvements on the land worth Shs. 400/= There is nothing on the record to suggest that this finding was wrong, and the order requiring the appellant to well-founded in law”. 

(2) “The appellant is at liberty to redeem the clan land on payment of the purchase price, Shs. 1,650/= plus compensation for improvements in the sum of Shs. 400/=.” 

(3) “The trial magistrate had allowed the appellant to redeem the land within 18 months from the date of his judgment but that period has already expired now. The appellant is shown to be an elderly woman of about 65 years of age and in the absence of any evidence as to her means and ability to raise this fairly substantial sum of money, I think that it would be reasonable to give her one year from the date of this judgment during which to redeem the ten the land should become the property of the second respondent, Shabani Juma.”