Citing corr and hartnoll customary law of the haya

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the property of the man who repays the purchase price. Citing Corr and Hartnoll, Customary Law of the Haya Tribe, section 560, 561,562; distinguishing section 567, which is said to refer to sales of which the relatives have been informed. Therefore, the shamba is the property of defendant. 232. Nikuro binti Mbwana v. Iddi s/o Ruwa , (PC) Civ. App. 18-D-67; 1/7/67; Ham- lyn, J
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Respondent divorced appellant at a time when he suspected that she was preg- nant. She denied this and, when a child was later born, said that another man was the father. Respondent was eventually awarded custody of the child. Held: The Islamic law governing cases such as this, involving “eda,” sup- ports the view that the husband is entitled to custody of the child. Citing Sheikh Ali Hemedi el Buhriy, Kitabu cha Nahik, 118. 233. Shabani Nasoro v. Rajabu Simba , (PC) Civ. App. 6-D-66; 26/7/67; Saidi, J. Plaintiff claimed land which defendant occupied. It was conceded that plaintiff’s father originally owned the land but gave possession to defendant’s father. Plain- tiff, however, claimed that the possession had been wrongful since the death of plaintiff’s father sometime “in the middle of the Second World War.” He also claimed a right to the crop from trees which his father had allegedly planted on the land. Plaintiff argued that the limitation period of 20 years was not a bar since there was not sufficient evidence to show that defendant had been in physical occupation without interruption for twenty years. Held; (1) The court has been reluctant to disturb persons who have occu- pied land and developed it over a long period. “(T)he respondent and his father have been in occupation of the land for a minimum of 18 years, which is quite a long time. It would be unfair to disturb their occupation ……” (2) For similar rea- sons, it would be unfair to give plaintiff a right to the crops even if his father planted the treas. 234. Jamal Hirji v. Hassanali Kassam Harji , Misc. Civ. App. 8-D-67; 4/8/67; Saidi, J. Appellant by verbal contract let a ground floor shop to respondent. After about a year, respondent received notice to vacate the premises. Respondent contended that the shop was let to him as mixed premises ((that is, for use both as a shop and as a dwelling house), and therefore he was protected from eviction by the Rent Restriction Act. The back of the shop contained a bedroom, kitchen, and toilet, partitioned off from the store. However, the building plan made no provision
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for such partition, and it was done without the approval of the City council, in vi- olation of rule 46 of the Township. Building Rules. The Rent Restriction Board held that these were mixed premises and consequently respondent could not be evicted. (1967) H.C.D. - 65 – Appellant argued that if respondent prevailed, this would amount to sanctioning a breach of the Township Rules, in contravention of public policy. Respondent ar- gued that appellant was the only wrongdoer here, that he should not be made to suffer because of the wrong of another, and that he was using the premises ac- cording to the tenor of his contract with appellant.
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  • Fall '17
  • Dean Majamba

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