Opinion of assessors to be followed 1967164 1967229

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Opinion of assessors to be followed. 1967/164; 1967/229; 1967/434. Sambaa law Family law – Award of one cow for maintenance of child outdated custom 1968/129 Land – Right to occupation under traditional chieftainship. 1967/88 Succession – Right of women to inherit real estate. 1967/229; 1968/498. Sukuma law Land – Occupation for eight years insufficient to bar claim. 1968/8. Land – Sale of 1968/10. Zanaki law – Succession – Rights of full sister of deceased. 1968/450 Zaramo law – Family law – Dowry. 1967/164. CUSTOMS AND EXCISE DUTIES Interpretation Customs Tariff Ordinance – Commissioner must classify product so as to make it subject to highest rate of duty. 1967/327. Customs Tariff Ordinance – Words naming scheduled products should be given ordinary “business” meaning. 1967/327. Limitation of one year on demand for additional duty. Customs Tariff Ordin- ance. 1967/327 “Soap” defined. 1967/327. DAMAGES See: BAILMENT; CONTRACT; PROCEDURE; TORT. DEPOST See; BAILMENT. DIVORCE See: FAMILY LAW. EAST AFRICA COURT OF APPEAL See: APPEAL.
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XXX1X CIVIL ELECTIONS District Council election challenged. Proceedings of Branch Annual Conference not reviewable Branch annual conference nominations not by-election. 1967/166 Result voided where symbols of candidates reversed. 1967/167. EMPLOYMENT See: CONTRACT; LABOUR LAW. ESTOPPEL Arbitration clause – Failure to invoke on first learning of lawsuit estops party from raising it as defence. 1968/346 Official cannot be estopped from performing statutory duty. 1967/327. EVIDENCE Admissions Failure to deny claim made in particulars constitutes admission. 1968/170 Statement by third party, admissible if in response to request by party to suit. 1967/168. Statement that goods shall be returned on payment of debt Proof of return of goods is evidence of payment. 1967/379 Statement that runs against pecuniary interest is admissible. 1968/494. Assessors – Opinions as to customary law to be followed. 1967/164; 1967/229; 1967/434. Blood – test – Use of to determine parentage. 1967/431. Burden of proof Blood relationship. 1968/357. Crop destruction. 1968/407. Gift of land. 1968/498. Immigration Act – Burden of proving citizenship is on applicant. 1967/174. Income tax – Burden lies on party contesting assessment. 1967/438.
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Legitimacy of children. 1968/12 Liability to pay local rates 1968/90 Marriage and subsequent divorce. 1968/357 Negligence of bailee. 1967/374. Negotiable instruments – Holder presumed to be holder in due course until contrary proved. 1968/290 “Non est factum”. 1967/425. Ownership of property upon which execution is levied. 1967/328. Parentage. 1967/377; 1968/204; 1968/250; 1968/253; 1968/488. Sale of trust property. 1967/381. XL CIVIL EVIDENCE (Continued) Business entries – Opinions of experts not acceptable. 1967/168. Contract – Verbal “understandings” between parties to written contract are of no effect. 1968/1. Credibility of witnesses. See: Witnesses. Customary law – Proof of – 1967/164; 1967/229; 1967/434; 1968/344.
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  • Fall '17
  • Dean Majamba

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