ANYITIKE MWATUJOBE vs WILLIUM MWAKASUGULE [1976] LRT 5

Facts

In Kandate Primary Court Anyitike s/o Mwatujobe filed a civil suit No.265/69 against one William Mwakasagu for recovery of a piece of land which allegedly was encroached into by the latter without his consultations or permission.After a full hearing the Primary- Court Magistrate and the assessors were unanimously satisfied that the plaintiff had established his claim and therefore pronounced judgment in his favour with the costs.Aggrieved by that decision the defendant William s/o Mwakasagule appealed to Tukuyu District Court Civil Appeal No.5 of 1970 and while dealing with it the learned District Magistrate Mr. Mwakidaba maintained that the primary court had no jurisdiction to entertain that suit the grounds that Tukuyu District fell within the schedule of Government

Notice 263 of 1969 which brings it into the list of Districts to which the Customary Leaseholds (Enfranchisements) Act No.47 of 1968 as amended by Act No 43 of 1969 applies.

Held

1) In the absence of any express legislative provisions it cannot be presumed that the formation of Land Tribunals under the Customary Leaseholds Enfranchimen Act No.47 of 1968 as amended by Act No.43 of 1969

autoraatically resulted in termination of jurisdiction by primary courts to hear civil cases involving land disputes from the specified areas.

2) The court still retain their inherent powers to entertain such cases and at the same time Land Tribunal were specifically empowered to deal  with such case not to the exclusion of the primary courts but having concurrent jurisdiction with the courts.

3) Appeals on civil case involving land disputes from.the Primary courts lie to the District Court and thereafter to the High Court, but those from the decision of the Land Tribunals lie to the Minister.

Appeal partly allowed.