Medadi v. Nawe (PC) Civ. App. 46-A-69; 18/8/71; Bramble J.

Medadi v. Nawe (PC) Civ. App. 46-A-69; 18/8/71; Bramble J.

The respondent claimed a piece of land in the primary court. He asserted that the land was part of a shamba allocated to him by the appropriate land allocating body in 1959, but that he had not yet cultivated the disputed part. The appellant’s case was that the area in dispute was allocated to him by the Assistant District Executive Officer in 1965 in the presence of elders. His evidence was corroborated by witnesses and judgment was given in his favour by the primary court magistrate who agreed with one of the assessors that because the land was allocated to the appellant by the proper authority he should remain in possession. This decision was reversed on appeal to the District Court on the ground of first allocation.

            Held: (1) “The District Magistrate found that the land was first allocated to the respondent and nothing was shown why it should have been taken away from him. It could not be taken away from him without a reason. I am in full agreement with this view.” (2) I find n merit in the appeal and dismiss it.