Lukas Masirori Kateti v. Oloo Sebege (PC) Civ. App. 27-D-67, 8/11/68, Biron J.

The appellant claimed possession of land allocated to him by the Village Development Committee. At the time of the allocation, the respondent was in possession of the land, having occupied it for “some considerable time”; some witnesses testified that she had occupied the land “as long as they can remember”. The Primary Court gave judgment for the respondent in view of her undisturbed occupation of the land for many years. The District Magistrate upheld the judgment of the Primary Court and, in reviewing the evidence, found that, not only was the land wrongly allocated to the appellant, but that the committee which allocated it was not properly constituted, and further that such allocation was done in the absence of the respondent, which was a denial of justice. The appellant appealed to the High Court, his main grounds of appeal being that, although he respondent was not present when the land was allocated, her husband was, and he made no protest; and further that, according the local customary law, a woman could not hold land during the life time of her husband.

Held: Although the respondent’s husband may have been present at the relevant time, the fact remains that the respondent herself was not. The appellant has failed to prove his proposition that under local custom a woman cannot hold land during her husband’s lifetime. The judge made reference to the increasing number of improper allocations by V.D. C .s. and subscribed to the warning issued by the District Magistrate that V.D.C. members must use their powers justly and wisely instead of creating discontent among the inhabitants whom they are entrusted to look after. Appeal dismissed