Held 1 an objection without elaboration that a plaint

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Held (1) An objection, without elaboration, that a plaint “disclosed no cause of action” will not be entertained by the court. (2) The plaintiff, after paying
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taxed costs incurred by defendants in the present suit, may withdraw the suit with liberty to file any fresh suit or suits. 45. Emanuel Bwegilire v. Juma Hamisi , (PC) Civ. App. 135-M-66; 3/3/67; Musta- fa J. Defendant, while engaged in an action over the ownership of a shamba, con- tracted to sell the shamba to plaintiff if he won that action. Plaintiff made a down payment of Shs. 100/- the balance of Shs. 1200/- to be paid if defendant won his law-suit. Defendant was successful, and soon thereafter, on August 22, 1960, plaintiff wrote him: “…….. I will come on 3 rd of 4 th September 1960, so that we can finish the matter. “ Between August 22 and September 3, plaintiff was ar- rested, and then spent three years in jail, without paying the balance of Shs. 1200/- In 1966, plaintiff claimed the right to “complete the purchase,” but defen- dant had sold the shamba to a third party. Held: (1) Defendant’s obligation to sell the shamba to plaintiff was condi- tional upon payment of the balance by plaintiff within a reasonable time after de- fendant obtained plaintiff within a reasonable time after defendant obtained clear title. (2) Defendant, however, was not entitled to the Shs. 100/- paid earlier to- ward the purchase, and plaintiff was allowed to recover this sum. 46. Stephen s/o Sokoni v. Millioni s/o; Sokoni (pc) Civ. App. 183-D-67, 19/2/67, Saidi J. The magistrate granted petitioner a divorce, relying solely on the contents of the petition. Cap. 364, Martimonial Causes Rules, Rule 25 (1) stipulates that wit- nesses at a trial or hearing of any matrimonial cause be examined viva voce or, with the permission of the court, that facts be proven by affidavit. Held : A decree dissolving a marriage cannot be made where no evidence was examined by the court. The case was returned to the lower court to allow petitioner to substantiate his claim. 47. Thomas v. Thomas , Mat. Conf. 1-D-67; 4/3/67; Duff, J.
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The magistrate granted petitioner a divorce, relying solely (1967) H.C.D. - 11- On the contents of the petition. Cap. 364, Matrimonial Causes Rules, Rule 25(1) stipulates that witnesses at a trial or hearing of any matrimonial cause be ex- amined vivavoce or, with the permission of the court, that facts be proven by affi- davit. Held : A decree dissolving a marriage cannot be made where no evidence was examined by the court. The case was returned to the lower court to allow petitioner to substantiate his claim. 48. Hamea s/o Mohamed v. Omari s/o Abdullah , P. Cv. App. 227-D-65; 7/3/67; Biron, Ag. C. J. A husband obtained an order from a Primary Court requiring appellants to permit their daughter, his wife to return to him. It appeared that he had told her that if she visited his sick relative at a hospital on a certain morning, rather than on the previous evening as he wished, they would be divorced. It was not clear whether he had said, “I will divorce you” or “If you go you are divorced.” The High Court ”s
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  • Fall '17
  • Dean Majamba

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