19881111 TZHC Dar es Salaam

. IN TEE 1'.IGII COURT OF 12.AlifZAJIJIA !_T D.'ill ES SALli'.\.M (PC) CIVIL APPEAL NO" 69_ OF 1986 JOSEPH Kl.DODO MAPIG.AN0 2 J. The learned senior d.ist:ric ·c ,ne,3i12:: rate who heard the first appeal described this case as odd1i ~-n(eccl i ; is.o ' The appellanJ~ Joseph Kail.o<,o b:r.oug.:i.t le~al p=oc•3edings in the primary court at Gairo claiming compe:,;:ation cor the expenses he had incurred for nu.rsing his deceased fatheri, 1is mere allegation was that the respondent I Sila Lesso was the person who ~d. ca,.sed his father to fall· ill and to die by pract:'i.sing T,ri_ tchcraft on b irn. Incredible enough, the primary court allowed tLe claii-ri and awardecl f i., compensation which it assessed at shs.3 1 0-00/=. Aggri1;,,ved, the respondent lodged an appeal to t:. ,.e district court of Kilosa, setting ov.t the following two grounds 1 ·,among others~ (1) that the trial court grossly erred ill concluding fnat i there •was ru-iy cause of action disclosed against the appellant (now the respoi.d.e.nt); and (2) that :Lr.. the alternative and without pre judic0 ·~o the :foregoing Dl.noe che .responclent diC:: .not specifically prove his damagf.:S the trial court -groc~ly· erred in awarding tho respondent a:ny damages at all/ ~1.lese were :l'ormida.::ie g:r.ounds and the learned district magistrate accepted them and allowed tlle c1ppealo Q;ui te clearly the actiot J.a.c;ked a

valid legal oause6 In my opinion legal actions must be based qn so:id facts and not on fancy, idiosyncracy or super- sti tion, The a:ppellant llaS .contended in his memorandum of appeal that such actions arc entertainablc 1-tLdur· ,the ·t1~ibal custom of the Walcaguru to which ' the partied appa::contly bclollg~ It Iili~t be so, but il.1 ,my opinion the couxts should not sanction or enccxragc such k'ind of proco8dings. This a)peaJ.. is dismiss<iJ.• \, \, ~~~ D-oPo MAP!GANO \ ~~GE; 11/11/~ \ \ .I ) \ \ \