Held in these circumstances the balance of opinion is

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Held : “In these circumstances, the balance of opinion is in favour of the judgment of the District Court, which seems …. To be a more sensible opinion than that expressed by the Primary Court.” Plaintiff’s appeal dismissed. 345. Doto d/o Sweya v. Mhinda d/o Sweya, (PC) Civ. App. 187-M-67, 4/6/68, Seaton J. Defendant was the eldest and plaintiff the youngest of three sisters. Their parent died when they were young. Defendant acted as mother of the other two sisters up to the time of their respective marriages, receiving the bridewealth for both of them. After twenty years, plaintiff brought this action demanding return to her of the eight head of cattle paid as bridewealth upon her marriage, together with thir- ty-two others which she claimed as their offspring.
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Held: (1) The Law of Person, G.N.279/1963, which is applicable to the Nzega District by virtue of G. N. 13/1964, contains no express provisions on this question; but section 7 confirms that the person entitled to receive bridewealth is the father or his main heir. [Citing also ss. 34, 35]. (2) It is not clear whether bri- dewealth was customarily received in “trust” in Nzega; but here was a custom whereby the father of the bride, or his main heir, could share the bridewealth. (3) The remaining twelve cattle admittedly in defendant’s possession may be re- tained as her share of the bridewealth and as compensation for her services. Plaintiff’s appeal allowed. (1968)H.C.D. - 129 – 346. United Bus Service Limited Co. v. The New India Assurance Company, Ltd. Civ. Case. 1-M-67, 19/7/68, Seaton J. Plaintiff, a limited company operating a fleet of buses, filed an application for in- surance with defendant in which it set forth the market value of the vehicle to be insured as Shs. 65,000/- This value was correct at the time the proposal form was submitted, but the value only included the chassis and cab, which were pur- chased for approximately Shs. 65,000/- under a hire-purchase agreement, and did not include a bus body which plaintiff fitted to the chassis at a cost of about shs. 25,000/- before the policy was issued. The vehicle was subsequently dam- aged in an accident and defendant initially commenced repair work; but when it discovered that the value of the vehicle was Shs. 90,000/- rather than Shs. 65,000/- as the proposal stated, it ordered the work stopped and disclaimed lia- bility because of the alleged false statement. Plaintiff sued for the cost of the re- pairs and lost profits which it would have earned during the repair period. Defen- dant raised the defence misrepresentation; and its witnesses proved its standing policy of not insuring vehicles worth more than Shs. 75,000/-. It also argued that only the legal owner could sue, and that the policy required arbitration of disputed claims within 12 months after liability was disclaimed. Under the hire-purchase agreement, plaintiff was obliged to maintain and repair the vehicle and also to
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procure a policy of comprehensive liability insurance, with the owner designated as sole agent to receive any proceeds and to negotiate claims. The policy issued
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  • Fall '17
  • Dean Majamba

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