1968498 land occupied by donors wife may be given to

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1968/498 Land occupied by donor’s wife may be given to child of other wife.- Chagga cus- tom. 1967/46. Wedding presents need not be exchanged by half – brothers. Mbulu custom. 1968/344. GOVERNMENT LEASE XLVI CIVIL
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GUARDIANSHIP See: FAMILY LAW. HA LAW See: CUSTOMARY LAW HAYA LAW See: CUSTOMARY LAW HEHE LAW See: CUSTOMARY LAW. HINDU LAW See: CUSTOMARY LAW. HIRE PURCHASE See: CONTRACT. ILLEGITIMACY See: FAMILY LAW. IMMIGRATION See: ALIENS AND NATIONALITY. IMPROVEMENTS See: LAND LAW – Compensation for improvements. INCOME TAX Burden of proof – Burden on party contesting assessment to prove it excessive. 1967/438. Deductions – Development levy not deduct able – Amount withheld from salary to be included in income. 1968/446. Land – Gains from sale – When taxable. 1967/438. INHERITANCE See: SUCCESSION. INJUNCTION See: PROCEDURE. INSURANCE Agreement to insure does not affect common law liability. 1967/374. Arbitration
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See: ARBITRATION Exclusion of liability – Clause in motor vehicle policy excluding liability where driver is “unauthorized” driver – Policy avoided as against insured but not as against third parties. 1968/495. Hire – purchase – Hirer of insured vehicle entitled to recover on policy where risk of loss is on him. 1968/346. Lost profits – Claim under comprehensive policy denied. 1968/346. Misrepresentation – Undervaluation of insured vehicle Insurer may disclaim liabil- ity under comprehensive policy. 1968/346. XLV11 CIVIL INTERPRETATION OF STATUTES See: STATUTES. INTESTACY See: SUCCESSION. ISLAMIC LAW Family law Child born prior to marriage of parents may be legitimized. 1968/206. Children of informal marriage are illegitimate. 1967/50. Consideration for divorce or “khului” – Payment by wife in atonement for disobedience or “kiyamu” not recognized. 1967/42. Divorce – Formula for verbal divorce. 1967/48. Divorce is effected by three pronouncements not one. 1968/289. Divorce – Husband must provide separate accommodation or costs of maintenance during period of pregnancy to former wife pregnant at time of di- vorce. 1968/92. Divorced mother entitled to custody of female child until puberty. 1968/249 Failure to produce marriage certificate does not mean valid marriage does not exist. 1968/18.
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Father of legitimatized child has right to custody where in child’s interest. 1968/206. Husband entitled to custody of child conceived during marriage. 1967232. Husband responsible for maintenance of wife living separately 1967/287. Man with whom mother is living has no right to custody of child conceived by legal husband. 1967/169. Mother should have custody of male child until age of seven if consistent with interests of child. 1968/383. Order that spouse return against will contrary to good policy. 1967/170. Parent cannot transfer right of custody to another 1968/249. Presumption of marriage after long cohabitation as man and wife.
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  • Fall '17
  • Dean Majamba

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