Dausen F. Sawe v. Oforo Semu Swai, (PC) Civ. App. 4-A-67, 28/10/67, Platt J.

Dausen F. Sawe v. Oforo Semu Swai, (PC) Civ. App. 4-A-67, 28/10/67, Platt J.

Plaintiff and defendant were dessended    from the same grandfather, who had had 2 wives. One of these wives had borne him sons, and defendant was the son of one of these sons. The other wife had born daughters. Plaintiff claimed certain land under a will made by his grandmother. The Primary Court of Machame found for plaintiff, but the District Court, partly on the strength of new evidence that the clan had met and had rejected plaintiff’s argument some time after the Primary Court proceedings found for the defendant.

            Held: (1) Under paragraph 20 of the Laws of Inheritance, Government Notice 436 of 1963, a woman may inherit clan land in usufruct only. [Also citing the Laws of Wills, Rules 40 et seq.] Thus, “It seems doubtful whether (plaintiff’s grandmother) was entitled to pass to her illegitimate grandson any right to clan land.” (2) The Court expressed doubt as to whether the receiving of additional evidence by the District Court was “merited.” However, the clan’s decision seemed to have been correct, and the Court was of the opinion that “the District Court was entitled to accept the evidence in the Circumstances.” Plaintiff’s appeal dismissed.