19801108 TZHC Mwanza3

IN THE' HIGH COURT OF TNZANI (In the District Registry) T 'IWNZA (nc) CIVIL APPEAL NO. 134 OF 1979 (From the decision of the District bourt of Karagwe d&strict at Kayanga in Civil ippeal No0 6 of 1978) JOHISENI IHfLI ... ............... . . . . . . . .. . . .. JPPELLANT v e r s u s L1URFNTI EESPONDFNT JUDGFNT RUBI44, J.. The facts of th case as found established by the trial court is that the appellant had on 14th March, 1978 purchased c1n land at a price of Shs.6000/. This sale was known to the clan -nenbers soon after but that no action was tdkcn by any of then to redeen the land till 15th Deceither, 1978. On these facts, the trial court found that as a period of three months in which to redeem the sold clan land had elapsed, the clan members cannot now be allowed to redeem the same. On appeal, the first appellate court held that the land was redeemable not- withstanding the fact that the action to redeem the sold clan land was brought after about nine months, 'The first appellate court found that the sale had not been known to the respondent in good time. The respondent, according to the first appellate court knew of the sale in July, 1978 and started action to redeem the land on 15th December, 1978, On the evidence on record and for the reasons advanced by the trial court, I accept the finding by the trial court that the respondent knew of the sale of the clan land to the appellant soon after the sale of the said land. All the parties to this suit live in the same village and it is an record that same labourers were stopped from working oa the land soon after the said sale of the clan land had been effected. The respondent in the circunstances did not need this long period to establish the fact of th4 sale granted that the clan .n4.nhers had not been consulted about the sale prior to its havihg tken place. Since the clan taembers knew of the sale for a period of over three •nonths b3fre taking any steps to rfideem it and on the authoDity of Ltttaza Bitaya V. Haji Abdu Sulemari 1975 LRT 43 I hold tha the respondent cannot be allowed to redeem the sold clan late 7 This appeal has merit and is accordingly allowed . .•s . /a. "A Ai ft - 2 - with Costs. The judgnent of the 1st appellate court is hereby set aside and that of the trial courts restored Sgd: YAHYJ JBY&P JUDGE CE}TIFIED TRUE COURT OF THE ORIGINiL DISTRICT REGISTRAR MWNZ 9