High Court of Tanzania

Clubs — Unincorporated club — Order to hold elections Whether order con-
stitutes interference with club’s constitution —National Sports.Council of Tanzania Act no; 12 of 1967
Administrative Law — Declaratory Proceedings — Declaration sought
against National Sports Council — Failure to exercise Jurisdiction —
Circumstances under which the order of declaration will be issued.
Administrative Law — Injunction — Temporary injunction — Whether available
against a person exercising a statutory duty.

Family Law — Presumption ofMarriage — Long cohabitation — s. 160(1) ofthe
Law of Marriage Act, 1971.
Family Law — Whether non-payment of bridewealth affects the validity of
marriage — s. 41 of the Law of Marriage Act, 1971.

Civil Practice and Procedure—Dismissal ofa suit in defitult of appearance on date
of mention—Application for restoration of the suit should be made.
Damages—Award ofdamages in excess ofthe sum claimed in theplaint—Whether
proper:
Tort—^Vicarious liability—Wrongful conduct of employee—Wrongful and'
unauthorised mode of,doing some act authorised by the master—Employer
liable.

Family Law — Husband and Wife — Dissolution of marriage Distribution o_
matrimonial assets.
Family Law.—Distribution of matrimonial property to be determined upon grdn*
ting of divorce decree — S. 108. (b) ofthe Law ofMarriage Act, 1971 — Duty
of Court to enquire into issue of matrimonial property.
Customary law — Customary Law of the Wasukuma — Party responsible for
breakdown ofmarriage is not entitled to matrimonial property jointly acquired
— In enquiring into division ofmatrimonial assets court shall, have regard to
custom of community -—S.1I4 (2) (a) of the Law of Marriage Act, 1971.
Civil Practice and Procedure — Where issue is left undetermined by court —
Court functus offcio.