Munyera, J.: The appellant was the plaintiff in Urban Primary Court. She sued the two respondents for redemption of a shamba. It was agreed that the first respondent is the appellant's husband and the second respondent just an outsider. At the time of filing I the suit the appellant and her husband had seven children in their marriage. It was her case that the husband sold the only shamba they had to
the second respondent leaving the children with nothing for the future. On behalf of the A children she sought to redeem the shamba. She won the suit and nobody appealed. She was told to pay Shs. 20,000/= purchase price. She got into difficulties in raising the money and the trial court threatened to foreclose her right of redemption. She sought to appeal to the District Court but she was told she was out of time. She filed an B application for leave to appeal out of time but it too was dismissed. She appealed to this court.
In reading the judgment of the trial court I found she was given time up to 30/4/83, a period of 6 months, to pay the purchase money or else the sale be declared absolute. It appears she was unable to pay the money within the time given. When making her C submissions before me she produced four Exchequer Receipts on which she deposited the money in the District Court as follows:-
Receipt No;
Date:
Amount D
566281
11/3/83
4,000
566287
23/3/83
5,000
56629
28/4/83
5,000
789212
23/5/85
6,000
Total
20,000 E
That being the case there is no reason for foreclosing her rights to have the shamba back. This is a case where the interests of children are at stake because of their father's recklessness. The appellant should be given every assistance. The appeal is allowed but there is no need for her to appeal to the District Court. F
In exercise of my powers under the Judicature Ordinance I assume the position of the District Magistrate and order that the money the appellant deposited be paid to the second respondent immediately and he also do surrender the shamba to the appellant on G receipt of his purchase money. If there be any claim for improvements it should be directed against the first respondent.
H Appeal allowed.
A