This appeal arose in respect of a piece of land on which it was alleged that the appellant had built a house without the permission of the owners, the clan members. The suit was brought by the respondent a guardian on behalf of a child of eight years to whom the disputed land was bequeathed. The respondent denied trespass and alleged that he had received the permission of the child’s aunt. From the evidence it was clear that the respondent did not help the child in providing him with the clothes, food, or school fees, and the permission by the aunt to use the land was given in order to get some money for the child.
Held: (1) The Law of Guardianship which applied to Africans within the jurisdiction on the Buhaya District Council by G. N. No. 605 of 1963 does not expressly disqualify a woman from acting as a guardian of a minor. However the disqualification may be inferred from the fact that the Law of Guardianship refers in several sections to the ‘eldest son’ being appointed guardian and never to daughters. Therefore the lower court’s ruling that the aunt was disqualified to be guardian may be justified. The respondent was appointed guardian by the members of the clan, but he misused the property and was dismissed. As a result he had no locus standi to take the suit. Appeal dismissed.
