Kawagere s/o Mulinda v. Josephina s/o (Sic) Buhirane, (PC) Civ. App. 4-M-67, 18/10/67, Platt J.

Kawagere s/o Mulinda v. Josephina s/o (Sic) Buhirane, (PC) Civ. App. 4-M-67, 18/10/67, Platt J.

Plaintiff and her brother inherited the property in question from their father. In 1952 the brother sold all of the property while he was a minor. However, it was redeemed by Lwamushuga, a clan elder, and in prior. However, it was redeemed by Lwamushuga, a clan elder, and in a prior case he was vested with the land as guardian for plaintiff and her brother. In 1952 he sold the land to defendant while plaintiff and her brother were still minors. Plaintiff filed this action in 1965 for possession of the property. The parties are Haya.

            Held: (1) The guardian had no right to sell the property of the minors. [Laws of Guardianship, First Schedule to Local Customary Law (Declaration) Order No. 4, paragraph 9 (G.N. 436 of 1963); applied to Huhaya in G.N. 605 of 1963.] (2) Plaintiff had 12 years from the date the Customary Law (Limitation of Proceedings)  Rules, 1963 (G.N. 311 of 1964) came into operation to bring her claim. [See s.2.] As the boundaries between the plaintiff’s portion of the land and that inherited by her brother had never been demarcated, the case was remanded to primary court so that the Banyaruganda decide the proper portion of the land to be given [could to a female heir and so that the land could be properly divided.