Mushaijaki v. Saburi (PC) Civ. App. 129-M-70; 11/5/71; El-Kindy Ag. J.

Mushaijaki v. Saburi (PC) Civ. App. 129-M-70; 11/5/71; El-Kindy Ag. J.

            The appellant appealed against the decision of the district court. He had claimed a piece of land alleging that he had bought it from one Matoke deceased and he had produced a written document purported to have been signed by the seller, the seller’s wife, the seller’s son and one other witness. There was no evidence that the clan member to the alleged sale was obtained. The primary court had found for the appellant but the District Court reversed. It was argued that this was not clan land and therefore no consent was needed and that the district court erred in holding that there was no sale there was a written document.

                        Held: (1) “With respect, I think the decision of the appellate court cannot be challenged. The widow of the deceased did not sign it. The deceased had no son. Therefore the purported signatures of either of these two people were forgeries.. if the deceased wanted to sell his part of the shamba, he would have followed the proper customary procedure by firstly seeking the consent of his clan members. On preponderance of probabilities, therefore, the purported document of sale was false and there was no sale to the appellant as the appellate court unanimously held.” (2) Appeal dismissed.