ABDALLAH v. SINGU (1972) HCD 12

Singu (PC) Civ. App. 15-Dodoma-71; 29/1/72

Kwikima Ag. J.

The applicant, a Mngoni by tribe successfully sued the respondent, a Mnyaturu in the Puma Primary Court for defamation of character. The action arose out of an allegation by the respondent’s daughter that the appellant was responsible for her pregnancy. The applicant did not establish any customary law of defamation, and therefore the District Court reversed the judgment of the primary court. An appeal was brought to the High Court, but out of time, and gave the illness of his in-laws as the cause of delay.

HELD:

(1) “If there was a custom which the suit was maintainable, the applicant would still not satisfied that the illness of an in-law is sufficient cause for an educated schoolteacher like the appellant to delay filing his appeal. 

(3) “The appeal itself is bad because it is highly doubtful whether the Primary Court had jurisdiction to hear and determine this suit. No tribal custom was proved under which this suit could have been brought. The parties being of two different and not neighboring tribes, no custom commonly applicable to them could be found. The Puma Primary Court certainly had no jurisdiction to determine this suit, once the applicant had failed to prove that there was a tribal custom under which he could proceed. For this reason alone the appeal would not hold.” 

(4) “The reason for delay is insufficient. There being no apparent failure of justice this application is dismissed with costs. Should the applicant wish to pursue his cause, he should file a suit in the court of the Resident Magistrate where his cause will be heard under the law of Tort which has no customary basis.”