Tanzania Law Reports - 1989

Customary Law - Haya - Succession - Inheritance of land by female - Female sells the land with consent of clan members - Whether such sale valid.
Customary Law - Haya - Sale of clan land - Redemption - Whether buyer entitled to compensation for unexhausted improvements.

Evidence - Corroboration - Complainant an unreliable character -Desirability ofcorroborative evidence.

Evidence - Accomplice evidence - Whether corroboration is always necessary for a conviction.

Contract - Customary contract - Between members of same tribe - Loan of Shs. 20,000/= - Land pledged as security - Law applicable - Jurisdiction.

Family Law - Kuria customary marriage - Marriage contracted by  elopement -Whether it is a legal marriage.
Family Law - Presumption of marriage - Elements.
Customary Law - Kuria customary marriage - Marriage by elopement - Whether a legal marriage.

Customary Law - Will - Deceased illiterate • Requirements as to attestation rules on wills, GN No. 436/1963.
Customary land law - Clan land pledged to stranger - Relative redeems land prior to pledger’s death - Effect of redemption. Customary land law - Redemption of clan land - Acquisition of title by redeemer by long and adverse possession - Customary Law (Limitation of Proceedings) Rules schedule, Item No. 6.
Customary land law - Clan land pledged to stranger - Relative redeems land - Redeemer deprived land by clan council - Redeemer not at clan council meeting - Natural justice.

Court of Appeal Rules - Appeals - Application for extension of time to appeal to the Court of Appeal - Whether sufficient reasons shown.
Law of Limitation - Delay in filing an appeal - Whether appellant has sufficient cause for the delay.

Contract - Government tender - Whether an invitation to treat or an offer.
Contract - Government tender - Whether central tender board obliged to accept highest bid.
Contract - Tenderer’s bid made within period stipulated by tenderee - When legally binding contract arises. 
Contract - Government tender- Period within which to bid and pay purchase price stipulated in tender - Tenderer bids within stipulated period - Tenderee accepts bid subject to confirmation sale price - Tenderee confinns award of tender but shortens original period within which sale price payable - Whether open to tenderee to modify period of payment ofsale price.
Contract - Government tender- Tender submitted within stipulated period - Tenderee accepts bid and confirms award of tender but shortens period within which sale price payable - Tenderer objects - Tenderee cancels award of tender - Whether open to tenderee to cancel award after acceptance.
Civil Practice and Procedure - Right of hearing - Parties to suit aware of hearing date - Defendants absent at hearing without
assigning any reason - Suit set down for ex parte proof - Defendants enter appearance on day set down for ex parte -
Whether defendants have a right of hearing.

Contract - Agency - Termination - Terminable at instance of either party by three months notice - Termination by principal - No evidence that termination notice served on or received by agent - Effect.
Contract - Agency - Termination of authority of - When it takes  effect.
Contract - Agency - Termination of authority of agent - Onus of proof.
Contract - Agency - Terminable by notice - Wrongful termination by principal - Agent claims damages in lieu of notice - Measure of damages. 
A Contract - Agency - Termination - Express or implied contract that agency to be continued for a period of time - Wrongful termination - Consequences.

Sale of goods - Buyer discovers goods to be defective on delivery - Had no opportunity to inspect goods - Whether principle of caveat emptor applicable.
Sale of goods - Goods discovered to be defective - Breach of implied warranty by seller that goods in reasonable condition.

Civil Practice and Procedure - Revision - Limitation to revisional  powers - Section 79(I) Civil Procedure Code, 1966.

Evidence - Confession - A confession by a co-accused - Whether can ground a conviction without corroboration.

 Evidence - Corroboration - Evidence of persons who have their own interest to serve - Whether can corroborate.

Limitation Law - Limitation in customary law - No specific period of limitation specified - But no unwarrantable delay is allowed.
Family Law - Inheritance - Inheritance of wife - Legal effect on children and property.

Constitution Law - Constitutional right - Right to the protection of property.

Civil Practice and Procedure - Appeals - To the Court of Appeal - Case originating from Primary Court - A certificate on a point of law necessary.
Civil Practice and Procedure - Assessors - Omission to take assessor's opinion - Effect.

Civil Practice and Procedure - Plaint - Relief sought - Plaint must show reliefs sought - Effect of non-compliance - O.VIl Rule 7 Civil Procedure Code, 1966.
 Labour Law - Gratuity - Condition for payment of gratuity.

Criminal Practice and Procedure - Sentencing - Illegal sentence - Special reasons for imposing sentence - What amounts to special reasons.

Civil Practice and Procedure - Transfer of cases - From Primary Court to District Court - Whether wish to engage advocate is a sufficient cause.
Civil Practice and Procedure - Chambersummons - Effects of citing  wrong provision of law in chambers summons.

Criminal Law - Mistaken identification.
Evidence - Standard of proof- Evidence should leave no doubt.

Criminal Law - Theft - Admission - Admission of loss - Whether amounts to an admission of theft.

Court of Appeal Rules - Application for stay of execution before notice of appeal is filed - Limitation period for filing the application - Interlocutory application only entertained relating to legal action or step pending in court - Definition of interlocutory proceeding.

Criminal Practice and Procedure - Corroboration - Necessity of corroboration where conditions of identification are unsatisfactory.
Criminal Practice and Procedure - Identification - Case dependent on identification - Evidence to be watertight.
Criminal Practice and Procedure - Substituted conviction - Offence to be minor and cognate.

Civil Practice and Procedure - Review - Whether a judge can review his own order made in revision.

Company Law- Winding-up proceedings- Proceedings based solely on a disputed debt - Whether petitioner is a creditor - Whether petitioner has a locus standi.
Company Law - Winding-up proceedings - Failure of respondent to file affidavit in opposition within the prescribed time - Whether court has discretion to extend the time to file affidavit in opposition - Rule 35 of the English Companies (Winding-up) Rules, 1929, s.248 of the Companies Ordinance, Cap. 212.

Banking - Collecting banker - Bank allowing customer to draw against uncleared effects - Bank manager representing to the customer that effects have been cleared - Duty of the banker.

Family Law - Maintenance - Quantum - Factors to be taken into consideration when awarding maintenance.

Family Law - Inheritance - Whether a childless widow is entitled to the property left by her deceased husband - Rule 77, GN 279/63.

Land Law - Mortgage - Definition of mortgage where customary law applies.
Land Law - Limitation - Period to redeem a mortgage created under customary law.

Land Law - Survey - Procedure - Effect of failure to follow  procedure.

Evidence - Objection proceedings - Onus of proof - On whom it lies - Rule 70 of Magistrates Courts (Civil Procedure in Primary Courts) Rules 1964 (GN 310) - S.72 (3) of Magistrates' Courts Act 1984.
Evidence - Concession - Failure of the appellant to cross-examine The judgment-debtor - Whether amounts to concession.

Criminal Practice and Procedure - Sentencing - Power to impose sentence less than the minimum prescribed - Valid reasons for imposing a lesser sentence - Disqualification from holding or obtaining a driving licence.

Family Law - Inheritance - Widow inheritance - Whether lawful - GN 279/1963 para 64.
Family Law - Damages - Adultery without enticement - Whether damages recoverable.

Land Law -Rent Restriction - Whether the Regional Housing Tribunal has jurisdiction to entertain an application by the National Housing Corporation for increase ofrent - Whether National Housing Corporation exemptedfrom the provisions of the Rent Restriction Act, 1984 - Section 2(1) Rent Restriction Act, 1984.

Civil Practice and Procedure - Right to sue - Whether a female who has attained the age of majority can sue or be sued in her own name.

Company Law - Winding up - Opposition to winding up - English Companies (Winding-up Rules), 1929.

Contract - Oral loan agreement - Concluded by one of the directors of a company - Loan money given to the director - Whether company liable to repay the loan.
Company Law- Directors - Powers - One of company directors concludes an oral loan agreement and receives the money - Whether company liable to repay the loan - Section 33(b)
Companies Decree of Zanzibar-Relevant articles of the Articles of Association of the Company considered and construed.

Landlord and Tenant - Rent Restriction - Jurisdiction - Whether High Court can hear appeals originating from the Housing Appeals Tribunal. 
Landlord and Tenant - Jurisdiction - Scope of jurisdiction of the Housing Appeals Tribunal to entertain cases from the Regional Housing Tribunal.
Civil Practice and Procedure - Assessors - Assessor absent during part of proceedings - On return assessor appraised of what transpired during absence - Assessor allowed to advise Tribunal on verdict - Effect.

Land Law - Acquisition - When completed.

Civil Practice and Procedure - Appeals - Leave to appeal to the Court of Appeal - Whether there is a point of law fit for consideration in that court.
Civil Practice and Procedure - Stay of execution - Whether High Court has jurisdiction to entertain an application for stay of execution - Rule 9 (2) (b) Tanzania Court of Appeal Rules GN No. 102/1979.
Customary Law - Whether customary law is good law or is superseded by statutory law - Proviso to section 9(3) JALO Cap. 453.
Court of Appeal Rules - Stay of execution - Whether High Court has jurisdiction to entertain an application for stay of execution -
Rule 9(2)(b) Tanzania Court of Appeal Rules.

Criminal Law - Wildlife Conservation - Government trophy - Whether eland meat is Government trophy - Wildlife Conservation Act, 1974 (Act No. 12/1974).
Criminal Practice and Procedure - Plea of “It is true ” - Whether an equivocal plea of guilty - Admission of facts read over by prosecution - Whether makes a plea unequivocal.
Criminal Practice and Procedure - Sentencing - Practice - Ability to pay fine - Mitigating factors - Whether material in sentencing -Committal to High Court for sentencing.

Criminal Practice and Procedure - Successive trials - Statutory duty on the magistrate taking over - Whether it is mandatory for accused to be informed of his right to have witnesses who had previously testified resummoned and reheard.

Civil Practice and Procedure - Applications - Whether an application which unites two distinct applications in one application, namely an application for setting aside a temporary injunction and an application for injunction, is bad at law - 0.2 r. 3(1) of the Civil Procedure Code.
Civil Practice and Procedure - Injunction - Notice requirement - Circumstances where court can grant injunction without issuing notice to the opposite party - 0.37 r. 3 of the C.P.C.
Limitation - Temporary injunction - Whether the Law of Limitation Act,  1971 does apply to an application for temporary injunction.
Company Law - Company - Power to increase capital - The Companies Ordinance, Cap. 212 Section 51(2).

Criminal Practice and Procedure - Charges - Circumstances for amending a charge.
Criminal Practice and Procedure - Bias - Determination of bias on the part of the trial magistrate.

Criminal Practice and Procedure - Forfeiture - Firearms and Ammunition Ordinance (Cap 223) - Conviction under section 31(4) to be followed by forfeiture order.
Criminal Practice and Procedure - Forfeiture order made by trial court seven years after sentencing and without notice or audience to the Republic and appellant - Whether procedure is regular.
Principles of Natural Justice - Forfeiture order made seven years after sentencing - Whether the trial court becomes functus officio - Duty of court where prosecution fails to apply for forfeiture order - Firearms and Ammunition Ordinance (cap. 223).

Evidence - Witnesses - Number of witnesses required to prove a fact.
Criminal law - Alibi - Notice of intention to raise defence of alibi.

Criminal Practice and Procedure - Appeals - Right of appeal - Witness aggrieved by order of the court - Whether such witness has a right to appeal.
Criminal Practice and Procedure - Appeals - Right of appeal - Order made on a trial for the restitution of property - Whether “any person aggrieved" by such orderincludes a person who is not a party to the case - Section 358(5) Criminal Procedure Act construed.

Evidence - Of spouse - Scope of application of section 130 (1) of the Evidence Act, 1967 - Construction.

Criminal Practice and Procedure - Identification - Of stolen property by colour - Value of such evidence.
Criminal Law - Doctrine of recent possession - Its applicability.
Criminal Practice and Procedure - Judgment - Contents of - S.312(1) of Criminal Procedure Act, 1985.

Criminal Practice and Procedure - Settlement out of court - Matters to be settled out of court - Whether burglary and stealing are matters capable of being settled out of court - S.163 of Criminal Procedure Act.

Civil Practice and Procedure - Notice of Motion - For extension of time for application for leave to appeal and for leave to appeal - Whether inadevertence is sufficient reason for the delay - Records do not show that oral or informal applications were made.