Francis v. Arobogasti (PC) Civ. App. 17-A-70; 6/5/71; Kwikima Ag. J.

Francis v. Arobogasti (PC) Civ. App. 17-A-70; 6/5/71; Kwikima Ag. J.

The appellant was the original defendant in a suit to dissolve a partnership between himself, the respondent and eight others. Both courts below found that there were a partnership agreement between the parties and gave judgment accordingly. The issue was whether the Primary Court had jurisdiction to try the case.

            Held: (1) “The issue which was central in this case was whether the Primary Court had jurisdiction to hear a partnership case. this and other issues brought out above Joseph Kimalando v. Philemon Mshau [1968] H. C. D. 138, the facts of which were as follows: The plaintiff’s deceased wife was a member of the All Christian Association of Moshi which was an association designed to help with the burial expenses of its women members. It was held that the suit was not concerned with customary law and it would not fall within the jurisdiction of the Primary Court. It was further held that if the Chairman was misusing the funds, then it was for the Association to sue him, and not any individual member of the association or less still her husband.” (2) “This suit was determined without jurisdiction and it cannot be said to have been properly determined. Proceedings in both courts below were null and are hereby set aside: (3) Appeal allowed.