hosea obedi vs kikundi cha nzengo halwego 2021 tzhc 3885 30 june 2021

hosea obedi vs kikundi cha nzengo halwego 2021 tzhc 3885 30 june 2021

The strict application of Rule 10(c) of the group constitution would defeat the purpose of the group and its constitution, especially where the constitution does not provide for extension of time. The appellant, having lost his father and reported the death after burial, should not be denied consoling service and contributions merely for reporting beyond five days, given the circumstances and traditions.

Citation
hosea obedi vs kikundi cha nzengo halwego 2021 tzhc 3885 30 june 2021
Parties
Appellant: Hosea Obedi; Respondent: Kikundi Cha Nzengo Halwego
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Group Constitution Interpretation, Limitation Period, Special Damages, Burial Contributions
Source Language
English
Civil Procedure Contract Law Group Constitution Interpretation Limitation Period Special Damages Burial Contributions

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Parties

Hosea Obedi

Appellant

Kikundi Cha Nzengo Halwego

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was entitled to consoling service and contributions despite reporting the death beyond the five-day limitation under Rule 10(c) of the group constitution
  2. 2 Whether the amount claimed constituted special damages requiring specific pleading and proof

Ratio Decidendi

The strict application of Rule 10(c) of the group constitution would defeat the purpose of the group and its constitution, especially where the constitution does not provide for extension of time. The appellant, having lost his father and reported the death after burial, should not be denied consoling service and contributions merely for reporting beyond five days, given the circumstances and traditions.

Court Disposition

appeal allowed

Orders

  • Decision and order of the trial court upheld
  • District court's decision and orders quashed and set aside