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Citation
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Judgment date
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| September 1981 |
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Repudiation of a customary familial relationship does not defeat a person’s inheritance claim to property acquired under that custom.
* Customary succession – matrilineal to patrilineal shift – effect on inheritance rights
* Family status – recognition of someone treated as a son by the inheritor – entitlement to inherited property
* Repudiation of customary familial ties – cannot defeat a beneficiary’s claim to property acquired under that custom
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26 September 1981 |
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Appellate court restores trial court's finding on cattle seizure, holding trial court best placed to assess witness credibility.
Civil procedure – execution and objection proceedings; evidentiary weight and credibility assessments – trial court best placed to evaluate witness credibility; appellate interference only where trial findings are unreasonable.
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24 September 1981 |
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Allocation of a plot conveys trees standing on it; appellant's compensation claim dismissed, remedy lies with allocating authority.
Land law — allocation of village plot — fixtures and standing trees form part of the land and pass with the plot; remedy for disputed allocation lies with the allocating authority, not by suing for compensation against the allottee.
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23 September 1981 |
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Customary mkamona fostering can ground a compensation claim for upkeep of a child; appellate court restored entitlement but reduced the award.
* Customary law – mkamona fostering relationship – maintenance and upbringing obligations where child left in caregiver’s custody after relationship terminates. * Civil procedure – appellate review of factual findings – where appellate court must not reverse trial findings without proper investigation of evidence. * Quantum – substitution of customary cattle award with monetary equivalent to reflect period of care.
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22 September 1981 |
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Appeal dismissed; appellate court upheld valuation of a lost watch and ordered payment of Shs. 1,000.
Civil procedure – appeals on questions of fact – assessment of value of lost property – appellate courts should not interfere with factual valuation unless record shows misapprehension or lack of evidence.
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21 September 1981 |
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Earlier judgment fixing boundary barred appellant's later suit as res judicata; appeal dismissed with costs.
* Civil procedure – res judicata – earlier judgment dividing land and fixing boundary – subsequent suit to vary boundary barred as res judicata.
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19 September 1981 |
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Insufficient evidence that respondent enticed the appellant’s wife; appeal dismissed with costs.
Family law – Enticement of spouse – Proof required to establish enticement; credibility and identification of accused where multiple persons present; appellate review of factual findings.
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18 September 1981 |
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Insufficient identification of alleged goats defeated the respondent's claim for damages; appeal allowed and suit dismissed.
Civil liability for stray animals – proof of ownership/identification of animals; insufficiency of vague witness testimony; appellate intervention where identification not proved; trespass/damage claims against livestock.
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17 September 1981 |
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Accused acquitted because eyewitness identification in a crowded nighttime scene was unreliable, creating reasonable doubt.
Criminal law – Murder – Identification evidence – reliability of eyewitnesses related to deceased – nighttime crowded scene – failure to arrest – reasonable doubt – acquittal.
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16 September 1981 |
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Appellate court upheld findings that seized cattle belonged to the judgment debtor and dismissed the appeal with costs.
Execution of decree – seizure of property in possession of third party – ownership versus possession – appellate review of concurrent findings of fact.
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15 September 1981 |
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Where evidence showed 31 cattle seized against a 30-cow bridewealth, respondent must return one cow.
Family law – bridewealth refund – dispute over number of cattle reclaimed; credibility of village chairman's seizure evidence; remedy where one cow taken in excess.
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14 September 1981 |
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Appellate court improperly overturned trial court credibility findings and wrongly held claim time-barred; cause of action accrues on demand and refusal.
* Civil procedure – appellate review of credibility findings – trial court better placed to assess witnesses’ credibility; appellate court should not lightly overturn those findings.
* Limitation of actions – Limitation of Proceedings under Customary Law Rules 1964 (Limitation Act No.10/71) – accrual of cause of action for return of bailed property occurs on demand and refusal, not on date of bailment.
* Possession and bailment – remedy for recovery of bailed goods and accounting for proceeds from sale of bailed property.
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11 September 1981 |
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Appellant’s denial of knowledge rejected; appeal dismissed for failure to rebut evidence proving respondent's ownership of five cattle.
* Civil recovery – movable property (cattle) – proof of ownership and possession – witness identification and corroboration – appellate interference with concurrent factual findings.
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10 September 1981 |
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Lower courts rightly accepted witness evidence of bailment of seven cattle; appeal dismissed with costs.
Civil law – Bailment and recovery of chattels – Credibility of witness evidence – Appellate review of factual findings – Acceptance of primary court’s credibility determinations.
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9 September 1981 |
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Cattle lawfully transferred to the respondent as bridewealth could not be seized in execution for the transferor's debts; appeal dismissed.
Civil procedure – execution against goods – goods validly transferred to a third party as bridewealth are not liable to satisfy the transferor's debts; levy on third-party property unlawful.
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8 September 1981 |
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Appeal allowed: divorce granted where respondent deserted marital home and cohabited with another, no order as to costs.
Family law – Divorce; desertion and habitual cohabitation with another man as ground for dissolution; appellate review where Primary Court dismissed petition despite supporting testimony; substitution of decree dissolving marriage.
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7 September 1981 |
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Appeal allowed where trial magistrate prejudged case and dismissed suit without considering adjournment request and amended plaint.
Civil procedure – dismissal for want of appearance – application to set aside dismissal – adjournment request due to illness – necessity to consider reasons and amendments – improper prejudice/ pre‑judgment by trial magistrate – reinstatement of suit and costs.
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3 September 1981 |
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3 September 1981 |
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Failure to address assessors and record their opinions invalidates the trial and mandates a retrial.
Criminal/Civil procedure – Assessors – Failure by trial magistrate to address assessors and record their opinions – Irregularity renders proceedings and judgment illegal – Proceedings and judgment quashed – Retrial ordered; costs in the cause.
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1 September 1981 |
| August 1981 |
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Application for extension of time to appeal dismissed; child found legitimate and custody rightly awarded to the father.
Civil procedure – application for extension of time to appeal – whether applicant received judgment copy in time; Family law – legitimacy of child – determination by reference to dates of marriage and birth; Custody – best interests and parental entitlement where child is legitimate and mother has remarried.
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31 August 1981 |
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A written, witnessed acknowledgement at arbitration revives a debt and restarts the limitation period, making the suit timely.
* Civil procedure – limitation of actions – written acknowledgement of debt at arbitration revives obligation and restarts limitation period; * Evidence – signed, witnessed memorandum binds maker despite later oral retraction; * Appeal – appellate court erred in dismissing suit as time‑barred without considering revival by written acknowledgment.
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26 August 1981 |
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Credible witness evidence proved a loan and Shs. 800 outstanding; the appellant’s denial was disbelieved and appeal dismissed.
* Civil procedure – Debt claim – Loan of Shs.1,200 with partial repayment – Proof of loan and balance due; credibility of witnesses and appellate review of findings of fact.
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25 August 1981 |
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Appellate court restored trial court dismissal where owner failed to prove ownership and appellate court had no reason to overturn credibility findings.
Civil procedure – execution against judgment debtor – seizure of goods bailed to judgment debtor – ownership and proof in action for recovery; Appellate review – duty to give reasons when reversing trial court credibility findings; Remedies between owner and judgment debtor for loss in execution.
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24 August 1981 |
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Failure to record assessors' opinions and to investigate merits invalidated the trial; retrial ordered without fresh fees.
Criminal/Civil procedure – Role of assessors – Trial magistrate must record assessors' opinions before delivering judgment; failure to do so and cursory investigation vitiates proceedings, warranting quashal and retrial; consideration of ability to pay fresh fees on retrial.
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21 August 1981 |
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Heirs, not living unrelated persons, are liable for a deceased's debts; appeal dismissed with costs.
Civil procedure – execution – Liability for debts – No law permits compelling a living person to pay another's debts; debts of a deceased payable by heirs/legal representatives; right of contribution among co‑heirs.
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20 August 1981 |
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Appellant proved repayment of the cow; respondent proved entitlement to only two goats, not six.
Civil recovery of chattels — burden of proof — credibility of witness evidence — repayment of specific items (cow proved repaid; only two goats awarded).
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20 August 1981 |
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Appellant failed to prove he returned bridewealth; burden of proof requires evidence, appeal dismissed.
* Family/customary law – bridewealth (lobola) – allegation of return of bridewealth – burden of proof rests on party alleging repayment; absence of witnesses or customary proof fatal to defence.* Civil procedure – burden of proof – he who alleges a fact must prove it.* Appeal – appellate court endorsing trial court where appellant fails to produce evidence to support affirmative defence.
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19 August 1981 |
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Applicant’s claim for upkeep dismissed because trial judgment lacked preponderant evidence; appellate reversal upheld.
* Civil procedure – appeals – findings of fact to be determined on preponderance of evidence.
* Evidence – weight of evidence where one party adduces no witnesses and the other produces corroborating testimony.
* Family law – dispute over custody/upkeep claims assessed by evidentiary strength.
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18 August 1981 |
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Appellate court upholds customary-law award of 20 cattle to respondent and dismisses appeal with costs.
* Inheritance (customary law) – distribution of cattle among heirs – application of customary law in dividing estate.
* Evidence – credibility of eyewitness (uncle) testimony regarding assembly and division of cattle after death.
* Appellate review – when appellate court should not disturb factual findings and customary-law applications of lower courts.
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17 August 1981 |