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Jabiri v. Bakari (PC) Civ. App. 90-D-70; 26/9/70; Saidi, J.



Jabiri v. Bakari (PC) Civ. App. 90-D-70; 26/9/70; Saidi, J.

The appellant’s father had purchased 157 coconuts in a shamba for Shs. 1,256 in January, 1960. The conveyance deed which was signed in the presence of the District Commissioner included a statement that the Government does not guarantee of admit that the purchaser had a right in the land thereby sold and that the document conveyed no title to land but merely conveyed the coconut trees and the right of user only. This statement was added by the District Commissioner. The respondent contended that the appellant’s father had purchased the coconut only and not the land so that he had a right to take the land.

            Held: (1) “To me it is clear that the parties who were Africans had transferred to one another for consideration a coconut shamba held as a freehold under customary law. It matters little whether or not the government admitted or guaranteed the title of either party in the land as this was a transfer of unregistered land by Africans which is what always happens with Africans in matters of land ownership. The question or registering land is of foreign concept to Africans. Our ancestors had always held land by the right of user without registration and the title of each individual was recognised. (2) “Appellant’s father had certainly bought both the coconuts and the land on which they stood. It would be different if he had bought the coconut crop.” (3) Appeal allowed.

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