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The term company  is an association of many persons who contribute money or money’s worth to a common stock, and to employ it in some common trade or business, and who share the profit or loss arising there from” Black law dictionary(2004) 8th edition at page 846 also defines the term company as a corporation, partnership, association, joint-stock company, trust, fund, or organized group of persons, whether incorporated or not, and (in an official capacity) any receiver, trustee in bankruptcy, or similar official, or liquidating agent, for any of the foregoing. Company is also define to mean a group of persons associated together for the attainment of a common end, social or economic or a voluntary association of persons or individuals formed for some common purpose. The company starts its breath after its registration, Section 14 provides for the registration of the Memorandum and Articles of Associations. After the documents have been registered the companies acquires the legal

MWENDWA MTINANGI v JUMA MAHUMBI 1984 TLR 47 (HC) Civil Practice and Procedure - Assessors - Whether trial court's award invalid where assessor does not express opinion. Family Law - Cohabitation - Whether court can compel cohabitation - Law of Marriage Act, 1971 section 140. The respondent sued the appellant before the Primary Court for adultery claiming compensation of seven head of cattle. The adultery was found established but the respondent was awarded two head of cattle only. He appealed to the District Court against the measure of compensation and the court allowed the appeal, awarding him seven head of cattle or 7,000/= as originally prayed. That prompted the present appeal. In deciding as he did, the learned appellate magistrate proceeded on two grounds. Firstly, he was of the view that the trial court's award was invalid because only one of the two assessors did express his opinion on the question of compensation. Secondly, he considered it an aggravating fact

ATHANAS MAKUNGWA v DARINI HASSANI 1983 TLR 132 (HC) Family Law - Divorce - Irreparable breakdown of Marriage - Petition founded exclusively on petitioner's wrong-doing - Whether divorce decree should be granted (s 107 (1) (a) of the Law of Marriage Act, 1971).   Family Law - Divorce petition - Requirement of reference to Conciliation Board - Whether a mere letter suffices as reference - S. 101 of the Law of Marriage Act, 1971. This is an appeal by Athanas Makungwa, the appellant in this appeal, against the judgment of the District Court at Kisutu in which the learned District magistrate reversed the judgment of Kinondoni Primary Court and granted divorce to Darini Hassani the respondent in this appeal. The Primary Court at Kinondoni heard a petition for divorce brought by the respondent against the appellant. The evidence adduced in support of the petition was that the appellant told the respondent that he was tired of her and that he no longer enjoyed sex life with her an

AHMAD SAIDI KIDEVU v SHARIFA SHAMTE 1989 TLR 148 (HC) Family Law - Compulsion to cohabitation - Application for an order to compel a spouse live with an estranged spouse - Whether application entertainable. This is a second appeal. The appellant, Ahmad Saidi Kidevu, filed a suit in the Primary Court for an order that his wife, the respondent Sharifa Shamte, be compelled to live with the appellant. The suit was dismissed. The appellant's appeal to the District Court was dismissed, and he has now appealed to this court. The parties were married in 1986 under Islamic law. They lived together at the wife's house, and when they started quarrelling a few months later, they separated. They have been living separately since 1987. The respondent wife sued the appellant for maintenance after the appellant had issued one talaka. The wife has consistently refused to live with the appellant. As both lower courts found, the marriage between the parties is in serious trouble, and it is

KISESE MBUGHA v ZAINABU SWALEHE 1991 TLR 90 (HC) Criminal law - Theft - Whether a spouse can steal from another spouse. Family law - Theft - Whether a spouse can steal from another spouse. Criminal Practice and Procedure - Sentencing - Conditional discharge - What the condition is - Section 4(1) of Primary Courts Criminal Procedure Code.  Mwalusanya, J: The respondent Zainabu d/o Swalehe is the wife of the appellant Kisese s/o Mbugha, but they are now living under separation.  The respondent was convicted by the Ilongero Primary Court, in Singida District of stealing Shs. 30,000/= belonging to her husband.  The trial court awarded a punishment of conditional discharge under s.4(1) of the Primary Courts Criminal Procedure Code and the said respondent was ordered to pay her husband half of the sum that she had stolen i.e. Shs. 15,000/=. The respondent appealed to Singida District Court protesting her innocence that she had never stolen the alleged Shs. 30,000/=.  The Distric

SHILLO MZEE v FATUMA AHMED 1984 TLR 112 (HC) Family Law - Divorce - Petition for divorce filed without certificate from Marriage Conciliatory Board - Whether irregularity curable - Law of Marriage Act 1971. Family Law - Injunction - Conditions precedent to its grant under the Law of Marriage Act 1971, Section 138(1).    The respondent filed a petition in the Court of the Resident Magistrate, Tanga, against her husband, the appellant, for divorce.  She also prayed for an injunction restraining her appellant husband from disposing of, in any manner, a house which she contends is a matrimonial asset.  The learned Resident Magistrate found that the petition had hastily been brought to Court without the prerequisite certificate from a Marriage Conciliatory Board.  She then 'remitted the case to the Conciliatory Board for settlement.'  Meanwhile the learned trial lady Magistrate granted the application for an order of injunction 'pending the last decision of the dispute.&#

ZAINA ISMAIL v  SAIDI MKONDO 1985 TLR 239 (HC) Family Law - Marriage - Presumption of marriage - Parties living together for five years -    Whether a lawful marriage is thereby established - Law of Marriage Act, 1971, s 160(1). Family Law - Custody of children - Right of custody of a child born out of cohabitation without marriage - Law of Persons, GN 279 of 1963 Judgment Kapoor Ag. J.:  Appellant was sued by the respondent who claimed custody of his child born to the appellant on 25/2/1982. The parties had lived together for nearly 5 years - but they were not lawfully married. The District Magistrate, in a very well written judgment gave custody of the child to the respondent.  His reasons for reversing the judgment of the Primary Court were that anyone who sires a child adulterously cannot be held to claim the child. The District Magistrate reasoned that since the parties had lived together for nearly 5 years, as husband and wife, they were to be treated as duly married

SAIDI MOHAMED v ZENA ALLY 1985 TLR 13 (HC) Family Law - Divorce - Cruelty as a ground for divorce – Meaning of cruelty.   23 September, 1985.   Lubuva, J.:  Before Mkamba Primary Court in Kisarawe District, the Respondent filed proceedings seeking divorce against the Appellalnt, her husband.  She was unsuccessful before the Primary Court from whose decision, she appealed to the District Court Kisarawe.  Her appeal was allowed wherein the marriage was ordered dissolved.  From that decision the appellant has appealed. In her testimony before the Primary Court, the Respondent gave what appears to be quite a detailed version of events of cruelty against the appellant which ultimately gave rise to the petition for divorce.  She had alleged that the appellant was in the habit of beating and stripping her naked before other people.  She cited one incident in which she was beaten and had to seek refuge at the house of the ten cell leader one Athumani Kindumbo.  The appellant admitte

MARIAM TUMBO v HAROLD TUMBO 1983 TLR 293 (HC) Family Law - Petition for Divorce - Requirement of reference to Marriage Conciliatory Board prior to petition - S. 101 of the Law of Marriage Act, 1971.   Family Law - Divorce - Evidence of breakdown of marriage - Cruelty - Constructive desertion - Adultery - S. 107 of the law of Marriage Act, 1971. Family Law - Custody of children - Welfare of infant children - Independent opinions of children- Age of children to be taken into account.    Family Law - Division of matrimonial assets - Meaning of work towards the acquisition of assets- Whether housekeeping is contribution to acquisition of matrimonial assets.     The parties to this proceeding went through a Christian ceremony of   marriage at Itigi in November, 1958 and cohabited at various places, including Musoma and Singida.  There are seven issues to the marriage, the last having been born in 1970.  On account of the events set out below the marriage broke down in 1981 and