Facts
The appellant was the brother of the first respondent. The first respondent inherited a clan shamba from her father. She then sold it to the 2nd respondent with the consent of clan members. The 2nd respondent later sold the shamba to the 3rd respondent again with the consent of clan members. The appellant sought to redeem the clan land. The two lower courts found both sales valid. On appeal
Held: (i) The first respondent, being a Buhaya woman, could not have legally disposed of the land to any person, and in any manner, even with the consent of the clan - rule 20 of the Local Customary Law (Declaration) No. 4 Order 1963 - GN.436 of 1963.
(ii) since the purported sale by the first respondent was void, no title in the land passed to the 2nd respondent who, thus, had no title to pass to the third respondent.
(iii) the third respondent, in all fairness, is entitled to be paid compensation in respect of unexhausted improvements if any made by him during his reoccupation of the land under the authority of the courts below.
Case Information
Appeal allowed.
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