112 mohans v a g virjee civ app 12 d 66 17567 georges

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112. Mohan’s v. A. G. Virjee , Civ. App. 12-D-66; 17/5/67; Georges, C. J. Plaintiff sued defendant for goods sold and delivered. In finding for defendant , the magistrate considered at least three matters which, for various reasons, should not have been considered. On appeal, defendant’s counsel argued that the magistrate had held to that defendant was not indebted, either because he did not order the goods or, if he did order them, because he appeared to have paid for them --- and that the evidence supported either view. The High Court seemed to agree that the evidence would support such a view, “There is much merit in this approach.” Held : (T) he learned magistrate has imported into the case so many irrele- vant consideration that, in the absence of clear findings on the pertinent issues, it would not be wise to conclude that he would made the findings which it is being inferred he had made had he considered the matter properly.” Appeal allowed; new trial ordered. 113. Abdallah Tamim v. Saidi Ally , (PC) Civ. App. 56-D-67; 23/5/67; Saidi J. In June 1963, defendant agreed to sell a boat to plaintiff for Shs. 1,500/- Plaintiff paid Shs. 500/- in advance and took 114. Mohamedi Ngonyani v. Mtumwa Dodo , (PC) Civ. App. 34-D-67; 6/5/67; Duff, J.
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Defendant appeal an ejectment order issued by a primary court with respect to premises which he occupied. Held: The case involved no matter of customary law (see Magistrates’ Courts Act, Cap. 537,s. 14) and the action is not one which the court is empo- wered to hear pursuant to Part 11 of the First Schedule to Cap. 537. Therefore, the Primary Court lacked jurisdiction. The case should have been instituted be- fore the Rent Restriction Board, and the court to which the matter should have been referred is the Resident Magistrate’s (Rent Restriction (Amendment )(No. 2.) Act 1966, s. 11A). 115. Range Chacha v. Elias Nyirabu , (PC) Civil Application 24-M-66; 24/4/67; Platt, J Plaintiff was divorced by his wife, and there was evidence that she had deserted him for another man whom she later married. Plaintiff sued her father for the re- turn of cattle given as bride wealth, in the Nyamwanga Primary Court. The Prima- ry and District Courts came to differing conclusions as to the number of cattle originally given, and as to the number which had been repaid by the defendant. The Primary Court, finding that six of thirty – eight cattle were as yet unreturned, ordered the return of only two, on the grounds that the marriage had lasted four years and a child had been born. The District Court ordered full repayment of the bride wealth, because the divorce had been “due to the fault of the wife”. Held : (1) Under Paragraph 58 of the Local Customary Law (Declaration) Order of 1963, “where a divorce was due entirely to the fault of the wife, no di- vorce can be granted unless the full bride price is repaid.” (2) Although the de- fendant might have been as much as “a month out of time in lodging his appeal” to the High Court, he had produced evidence that he was sick during that time, and the application would therefore be allowed. (3) The record was remitted to
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