Shababi Mmasai v. Hassani Mcharo, (PC) Civ. App. 79-D-67, 30/8/67, Saidi J.
Plaintiff allowed defendant to occupy and cultivate a small piece of land, which was at the time all bush. Over a period of eleven years, defendant planted bananas and other permanent crops, developing the land to a value of about Shs. 255/- Plaintiff then claimed possession back from defendant.
Held: Plaintiff is entitled to Shs. 272/- as reasonable compensation for the development of the land, a sum which includes the costs of his suit. (The customary law involved was not specified by the Court.)
The Court noted, Obiter: Had plaintiff’s action been delayed one more year it would have been time-barred under the Customary Law (Limitation of Proceedings) Rules 1963.
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