John v. Kisimbula (PC) Civ. App. 9-D-71; 7/10/71; Mnzavas J.

John v. Kisimbula (PC) Civ. App. 9-D-71; 7/10/71; Mnzavas J.

The appellant sued the respondent in the primary court claiming 12 head of cattle and one sheep compensation as blood-money. The action arose out of the following incidents. Some years back the respondent wrongfully

Killed the appellant’s father and was charge and convicted of manslaughter, and sentenced to 7 years imprisonment. Her served his sentence and was released from prison. The appellant in the present action pleaded that under Rangi customary law the respondent had to pay him 12 head of cattle and one sheep as compensation. He was successful in the primary court but on appeal, the district court gave judgment against him.

            Held: “There is no dispute that under Rangi customary law a killer had to pay the above-mentioned amount of cattle and a sheep to the family of the deceased as blood-money. This has indeed been the customary law of many tribes in Tanzania. To come to such a decision of flexible approach was always exercised and principles of justice within accepted normative framework of a particular customary law were followed; and all the time the objective was to restore lost harmony and equilibrium between the two families.” (2) “This was, I tend to agree with the appellant, good law in at least certain types of manslaughter, but, like all customary laws, it had to give way to statutory laws. The respondent was convicted of manslaughter. But, like all customary laws, it had to give way to statutory laws. The respondent was convicted of manslaughter under section 195 of the Penal Code and suffered 7 years imprisonment. It would, in these circumstances, be unjust to order him to pay compensation to the family of the deceased – such an order would be tantamount to punishing the respondent twice for the same offence.” (3) Appeal dismissed.