Appellant required large amounts of petrol every

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Appellant required large amounts of petrol every month. Respondent agreed that appellant should have a discount of 20% on every gallon he purchased from plaintiff, provided each month’s account was settled by the 10 th of the succeeding month. After slightly less than a year, respondent ended the agreement and sought to recover the discount for each month in which the defendant had failed to pay by the 10 th of the next month. Held : (1) Respondent, by accepting payment as made (i.e. with 20% sub- tracted from the usual retail price of petrol) after the 10 th of several months, had
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thereby waived the original terms of payment. (2) Appellant is entitled to his dis- count despite the late payment n earlier months. 428. Kagabo s/o Mikaliha v. Dandila d/o Biguna , (PC) Civ. App. 57-M-66, 1/11/67, Mustara J. Plaintiff and defendant were descended from the same great-grandfather. Plain- tiff, a widow of the Waha community, claimed that she had succeeded to certain land originally owned by their common ancestor when her father died; it was not clear whether she had married, defendant inherited land from his own fore bear- ers, and at that time took over the land in question. The Primary Court found for the defendant, apparently accepting defendant’s argument that female members of the Waha community, after being married to another family, lose their rights to inherit any part of the clan land. The Primary Court assessors agreed with this view. 429. Dausen F. Sawe v. Oforo Semu Swai , (PC) Civ. App. 4-A-67, 28/10/67, Platt J. Plaintiff and defendant were dessended from the same grandfather, who had had 2 wives. One of these wives had borne him sons, and defendant was the son of one of these sons. The other wife had born daughters. Plaintiff claimed certain land under a will made by his grandmother. The Primary Court of Machame found for plaintiff, but the District Court, partly on the strength of new evidence that the clan had met and had rejected plaintiff’s argument some time after the Primary Court proceedings found for the defendant. Held: (1) Under paragraph 20 of the Laws of Inheritance, Government No- tice 436 of 1963, a woman may inherit clan land in usufruct only. [Also citing the Laws of Wills, Rules 40 et seq.] Thus, “It seems doubtful whether (plaintiff’s grandmother) was entitled to pass to her illegitimate grandson any right to clan land.” (2) The Court expressed doubt as to whether the receiving of additional evidence by the District Court was “merited.” However, the clan’s decision seemed to have been correct, and the Court was of the opinion that “the District
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Court was entitled to accept the evidence in the Circumstances.” Plaintiff’s ap- peal dismissed. (1967) H.C.D. - 127 – 430. Magobe Mkale v. Gembe Kanoni , (LC) Civ. App. 34-D-64 20/9/67, Saidi J. Defendant agreed to haul some oranges by dhow for plaintiff. Plaintiff brought the oranges to the agreed dock, but the dhow had gone elsewhere, and the oranges spoiled before plaintiff could find another shipper. Defendant was an employee of the owner of the dhow.
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  • Fall '17
  • Dean Majamba

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