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TANZANIA HIGH COURT DIGEST 1967-1968 VOLUMES 1 &11 FACULTY of LAW UNIVERSITY COLLEGE DAR ES SALAAM TANZANIA. CIITATION These

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TANZANIA HIGH COURT DIGEST 1967-1968 VOLUMES 1 &11 FACULTY of LAW UNIVERSITY COLLEGE DAR ES SALAAM TANZANIA. CIITATION These TANZANIA HIGH COURT DIGEST 1967-1968 VOLUMES 1 &11 FACULTY OF LAW UNIVERSITY COLLEGE DAR ES SALAAM TANZANIA. CIITATION These digests are cited as in the following example; [1967] H.C.D. n.203. The number in square brackets indicates the year, and the final number indicates the number of the digest, not the page number. EDITOR’S NOTE This volume is a re-publication, in a more convenient form, of the Tanza- nia High Court Digest for the years 1967 and 1968. The digests appear as before, except that typographical errors and omis- sions which crept into the originals have been corrected to the best of our abili- ties. The classification of cases under headings such as “Procedure” and “In- come Tax” has been dropped, as have the brief summaries which formerly ap- peared at the head of each digest, since the Cumulative Index renders these re- dundant. The Index itself is completely new, and was drawn up on the basis of a careful re-reading of all digests, and in certain instances of the original cases. It should be noted that the numbering of the cases in the 1968 volume has been altered, due to an over-lap of numbers in the original Digest. ACKNOWLEDGEMENT This volume is the product of the combined work of many people, includ- ing most staff members of the following people should be mentioned in particular. Mr. S. Huber, all former editors of the Digest. As well as Mr.S.M.M.Amlani, Mr. E.K Chesaning and Mr. F.R.S.Onyango, our student assistants. Lal+ Patel Brian Slattery The Editors Identification of Cases The system of identifying cases which are digested is as shown by the following example: “Ali s/o Hamisi vs., (PC) Crim. App. 828-D-66;19/1/67; Saidi J.” (1) (2) (3) (4) (5) (6) (7) (8) (1)Parties-the full name of each party is given, first name first. Where there are several plaintiffs, defendants, or accuseds only the name of the first party is given. “R” is the abbreviation used for “Republic”. (2)Court of Origin- this indicates the type of court in which the case was originally heard. “(PC)” stands for “Primary Court”, and “(LC)”stands for “Local Court”. Fol- lowing the practice of the High Court in marking and numbering its judgments, no abbreviation is used when the case originated in a District court. (3) Type of Case – the following abbreviations are used: Civ. App. Civil Appeal Civ. App. Civil Application 2 Civ. Case. Civil Case Crim. App. Criminal Appeal Crim . Case Criminal Case Crim. Rev. Criminal Revision Crim. Sass Criminal Session Mart. Conf. Matrimonial Confirmation Misc. Apple. Miscellaneous Application. Misc. Crim. Cause Miscellaneous Criminal Cause (4) Case Number – this is the number assigned to the case by the High Court in the series indicated by parts (2) and (3) of the citation. (5) City - this indicates the city in which the case was heard, or to whose registry the case was assigned, by the High Court. “D” is Dar es Salaam; “A” is Arusha; “M” is Mwanza; “Z” is Zanzibar. Where these may not be appropriate, the name of the city is given in full. (6) Year of Filing – this indicates the year in which the case was filed with the High Court, and assigned a case number. (7) Date of Decision – this is the date appearing on the decision handed down by the High Court. (8) Name of Justice – this indicates the High Court Justice who decided the case and wrote the judgment. Thus, in the example given, “Ali s/o Hamisi v. R.” is Primary Court Criminal Appeal Number 828 of 1966 in the Dar as Salaam registry, decided on 19 Janu- ary 1967, by Mr. Justice Saudi. Inspection Notes. Inspection Notes contain information and counsel useful to magistrates and advocates alike, and are therefore included in this Digest. The cases involved are assigned no high Court number. The citation her, therefore, includes the number assigned by the court whose decision was considered by 3 the High Court, the name of the court, and the cit in which that decision was ren- dered. The date given is that of the issuance of the Note by the High Court. TANZANIA HIGH COURT DIGEST COMULATIVE INDEX 1967 – 1968 EDITOR’S NOTE INDEX Due to the large number of criminal cases digested, it has been found convenient to have separate indexes for civil and criminal topics. The Civil Index includes all “non-criminal” points of law which arise, whether in civil of criminal cases. The Criminal Index encompasses all points of law relating directly to criminal prosecutions for offences against the Penal Code and other statutes creating penal offences. The classification system of the Civil Index is based on that developed for the African Law Reports by Dr. Alan Milner. The Criminal In- dex uses an original classification system, which hopefully represents an im- provement of other current systems. In both Indexes, as in the Name Index, cases are referred to by year and number, as in: 1968/423. It should be noted that the final number is the case number, not the page number. ACKNOWLEDGEMENT This Index was prepared by Brian Slattery with the assistance of S.M.M Alana and F. R. S. Onyango. 4 NAME INDEX 1 A. Abbas G. Essaji et al vs. Gordon D. Solanki c/o Solanki Taylor 1967/227 Abbasi G. Essaji vs. Gordon Dewji Solanki 1967/279 Abedi Shekulwavu vs. Salim Juma 1967/88 Abdallah Mohamed vs. R. 1968/177 Abdalla s/o Siki vs. R. 1968/299 Abdallah Abede Tamim v. Salim Salum Hekan 1967/44 Abdallahamid vs. Rama dhani Shemdoe 1967/431 Abdallah s/o Saidi vs. R. 1967/12 Abdallah Salinu vs. Ramadhani Shemdoe 1968/129 Abdallah Salum vs. Twentsche Overseas Trading Co. Ltd. 1967/228 Abdallah Tamim vs. Said Alley 1967/113 Abdi s/o Omari vs. R. 1968/324 Abdi Salum vs. Kheri Salim 1967/381 Abdul Javer Heghji vs. Alibhai Mitha 1967/235 Abdul s/o Salumu vs. R 1967/107 Abdulaziz Velji Ratansi vs. Sher Singh 1968/413A Abdulrasul Haji Jooma vs. Harman Singh Bhamra 1967/41 Abraham s/o Lanjou vs. R. 1968/180 Abu A Mwenge vs. R. 1967/453 Adamu s/o Athumani vs. R 1967/148 Adamu Mtondo vs. Likuna Omari 1968/289 Adam Kharid vs. Amina Rajabu 1968/405 Adam Shabani vs. R. 1967/193 Adiza Malifeza v. R 1968/192 African Bazaar vs. Hassani Abdallah 1968/338 5 Agnes Asser Mguya vs. Bakiri E. Mbaga 1967/326 Ahmed Ibrahim vs. R 1968/365 Akber Merali Alibhai vs. Total Jamhuri Service Station 1967/175 Akilimali Rumisho vs. Kaunara Kisano 1968/211 Alex s/oAndrea vs. R. 1967/339 Alex Godfrey Mungumbele vs. R. 1968/241 Alexander s/o Ngimna vs. R. 1968/234 Alexander Tryphon Dembiniotis vs. Central African Co. Ltd. 1967/55 Alfred Bazila vs. R. 1968/309 Alfred Christopher Carere vs. R 19667/223 Alibah s/o Dadi vs. R. 1968/308 Ali Nyamgunda vs. Emilian Kihwili 1967/177 Ali Mohamed vs. R. 1968/63 Ali Simba vs. R. 1968/240 11 Allen Nyelo vs. R. 1967/213 Alli s/o Iddi vs. R 1967/219 Alli s/o Islam vs. R. 1967/1 Alli s/o Mohamed vs. R 1967/241 Alli Mohamed vs. R. 1968/277 Alli s/o Nassoro vs. R 1967/314 Alli s/o Ramadhani vs. R. 1968/430 Alli Mohamed vs. R 1968/146 Aloice Matanda vs. Samany Ngapanyi 1968/416A Aloys Ignas vs. Simeo s/o Mulokozi 1968/400A Aloys Kamuzora vs. R. 1968/428A Amani Chogo Chacha vs. Riobo Nyambara 1967/433 Amani Zephania Kimweri vs. R. 1968/50 Ambokile Mwamalango vs. R 1967/275 6 Amina Katume vs. Eustace Ngyakowa 1968/13 Amina Rajabu vs. Adam Kharid 1968/405 Amirali Rashid Rajwani vs. R 1967/305 Amiri s/o Juma vs. R. 1968/61 Amiri Ludongo vs. Hija Gamba 1968/457A Amiri s/o Rashidi vs. 1968/302 Amiri Salehe vs. R. 1968/193 Amosi s/o Marwa vs. R. 1967/357 Amradha Construction Co. vs. Sultani Street Agip Service Station. 1967/321 Amiri s/o Ahmed vs. R. 1968/329 A.M. S. Lemki vs. R. 1968/229 Anage s/o Temu vs.R. 1967/404 Andogwisye s/o Mwambunga vs. R. 1968/378 Andrea s/o Kimbulu vs. R. 1968/312 Andrea Ndibalema vs. R. 1968/291 Andrea Rafael vs. Antonio Masakunya 1968/132 Andrea Wisai vs. Fransiska Opong 1968/17 Andreas s/o Manake vs. R. 1967/368 Angasisye s/o Mwalkuga vs. R. 1968/325 Aniset Bonaventura vs. R. 1967/272 Anthony Mhikwa vs. R 1968/420A Anyandulik s/o Mwaikusa vs. R 1968/270 Arusha Tailoring vs. Mrs. T, Pucci 1967/424 Asia, Miss d/o Amiri vs. Ahmed s/o David 1968/206 Asukile s/o Mwankyoma vs Manyasa s/o Mainge 1967/165 Asumani s/o Mataka vs. R 1968/427 Atanasi s/o Kawuwu vs R 1968/30 111. Attilia Mosca vs. Hassanali Kassam Damji 1967/176 7 Attilio s/o Mosca vs. R 1968/295 Athmani Lusaju vs. Sadiki Athumani 1968/128 Athumani Alli vs. R. 1967/444 Athumani Hatibu vs.R. 1968/396 Athumani s/o Kassim vs. R. 1968/143 Athumani Mtaka vs. R 1967/452 Angaburg Pennyle Lekajo vs. R 1967/276 Augustine s/o Machau vs. R. 1967/67 Augustino Brown Chanafi vs. R. 1968/73 Automobile Stores Ltd. vs. L.K Msosa 1968/226 Awali Mlanga vs.R 1968/242 Azaria vs. Mbuya 1967/33 Azuerali Kajimji & others vs.
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