Therefore the general damages of shs 1000 were not

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and no suggestion that she would have assisted had she lived. Therefore, the general damages of Shs. 1000/- were not proven. (3) Damages with respect to the child’s marriage were equally conjectural and must be rejected. 166. In re Petition by Habel Kasenha , Misc. Civ. Cause 9-D-67; -/6/67; Saidi, J. Petitioner received more than half the votes cast at the preliminary nominations by the Branch Annual Conference. Before the election for the seat in Ward 29 of the Mpwapwa District (1967) H.C.D. - 44 – Council. The District Returning Officer forwarded his name, with four others, to the District Executive Committee. He testified, however, that for reasons con- tained in a “confidential letter” in his possession, which letter “he did not wish to be read in Court, “petitioner’s name was not recommended by the District Execu- tive Committee. Thus, two other candidates were nominated and the election was held. Held: (1) The proceeding of a meeting of a Branch Annual Conference “or any other organ of the party” which is held under the Local Government (Elec- tions ) Act 1966 are not subject to court review, by way of election petition or oth- erwise. Citing section 78(2) of that Act. (2) The conference proceedings could not
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be treated as tantamount to a by-election. “By-election have the same results as elections – the designation of persons to fill given positions –when a vacancy oc- curs other than at the usual time for elections. The proceedings here were clearly preliminary to an election. Citing Local Government (Elections) Act 1966, s. 2(1); Local Government (Elections ) (Amendment) Act 1966, s. 7F Petition dismissed. 167. In ro Petition by K. A. Thabit , Misc. Civ. 5-D-67; -/6/67; Saidi J. Petitioner, the unsuccessful candidate in the election to the seat in Ward 10 of the Rufiji District Council, prays that the election be declared void, because the election symbols given to him and his rival were reversed on the ballot papers. Petitioner had been given the symbol “House”, his opponent was given the sym- bol “Hoe”. The Returning Officer testified that 75 per cent of the voters in the Ru- fiji District were illiterate and were guided by the symbols rather than the names of the candidates. Petitioner received 31 votes to 267 for his opponent. Held: It cannot be surely said that the results would be reversed had the symbols been aligned with the proper names, so the petitioner cannot be de- clared elected. The fairest solution would be to hold the election afresh, and the High Court so ordered. 168. South India Corporation (Travencore) Private Ltd. v. H. J. Stanley & Sons Ltd., Civ. Case 37-D-60, 14/6/67; Georges, C. J. Defendant contracted to sell cashew nuts to plaintiff, and this suit arose out of a dispute as to their quality. Two samples of the nuts were taken and were sent for inspection to a company (General Superintendents) nominated by plaintiff. With respect to one of these samples defendant offered into evidence the original cer- tificates of General Superintendents stating the results of the inspection. With re- spect to the other sample, the original certificate was not introduced, but defen- dant offered a letter purporting to state the results of the test.
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  • Fall '17
  • Dean Majamba

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