333 1967 sambwe mwakilaba v andrew mwakamsale lc civ

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Laws (Declaration) Order 1963, Cap. 333. ( 1967) H.C.D. - 21 – 87. Sambwe Mwakilaba v. Andrew Mwakamsale , (LC) Civ. App. 75-D-65; 7/4/67; Saidi, J In 1939, appellant married a woman who was six months pregnant by another man. He brought up the child, a girl, as his own daughter. When she was mar- ried, he received the bride price paid by her husband. In 1964, after she had born three children, her maternal uncle brought an action in Rugwe District for custody
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of her under the Local Customary Law (Declaration ) Order in 1963 (Government Notice No. 279 of 1963, extended to Rungwe District by Government Notice No. 250 of 1964). Section 178-180 of that Order provide that children not born in wedlock “belong to their maternal family” and that “if the child is a girl her bride wealth is received by her mother’s father or his heir.” Held: (1) “(1) Illegitimate children of unknown fathers belong to the mater- nal family under customary law, “ and an illegitimate daughter’s bride price. “is taken by the mother’s father or his heirs.” (2) However, since this claim was made after the child was fully grown, married and with three children, and since the uncle had contributed nothing to her upbringing, “it was too late (for him) to lodge his claim over this woman…” He should have claimed for custody “when she was five years old.” (3) Similarly, “the appellant who brought her up as his own daughter and arranged for the marriage should take the bride price to the exclusion of any other person who did not contribute anything …..” Appeal al- lowed. 88. Abedi Shekulwavu v. Salimu Juma , (LC) Civ. App. 26-D-66; 24/467; Saidi J. Under the customary practice of “gunda” in Lushoto, a piece of land was given to the local ruler. Defendant, a traditional chieftain, accordingly had lived on a shamba for fifty years; his family had farmed the same shamba for twenty-five years before that. With the abolition of traditional Chieftainship in 1962, plaintiff brought proceedings on behalf of his clan to recover the shamba from defendant. Held : The clan gave up the land permanently. It would be “utterly unfair and unreasonable to disturb (defendant’s) long occupation of the shamba.” Plain- tiff’ ’s claim dismissed. 89. Ndayanyi Lukas v. R . Crim. App. 53-M-67, 23/3/67, Platt, J. Accused was convicted of arson but the case against him was circumstantial, and weak. Held : “….. it seems to me that, serious though the charge against the ap- pellant was, there were aspects of the prosecution case which rendered it doubt-
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ful, and that the defence might well have raised doubt in the mind of a reasona- ble court if the doubtful aspects of the prosecution case had been fully consi- dered. It follows therefore that it would be unsafe to uphold this conviction.” 90. Mapera s/o Sendegyu v. R ., Crim. App. 113-D-67; -/4/67; Saidi J Accused was convicted of possession of a muzzle – loading gun without a li- cence under section 13(1) of the Arms and Ammunition Ordinance, Cap. 223. He was holding the gun for a third party, who had pledged it to him as security for a loan.
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