Lemayani v. Mhavi, Civ. App. 136-A-71, 15/7/72; Bramble, J.

 

Lemayani v. Mhavi, Civ. App. 136-A-71, 15/7/72; Bramble, J.

This was second appeal against a judgment of a Primary Court awarding possession of a parcel of land to the respondent. The appellant’s case was that his father moved to the land in 1958 and gave it to him as his inheritance in 1967. He stated that, according to custom, inheritance is given in the presence of the whole family but no one was present in this case. The respondent gave evidence that he lent the land to appellant’s father in 1960. The later asked for an extension of the term in 1964 and it was granted; he died in 1967 and the appellant was requested to vacate. The respondent was supported by several witnesses. Both the lower courts found the facts as the respondent alleged.

            Held: (1) “The only point taken at the hearing of this appeal was that since the appellant was in possession for more than thirteen years he should not be disturbed. He did not prove that he inherited the land legally from his father so that the period of his father’s possession could count in his favour. Moreover, the trial court found that the father went into possession in 1960 so possession adverse to the respondent was not more than eleven years, and this was not [long enough] for [appellant] to establish his claim.” (3) Appeal dismissed with costs.