MZUMBE UNIVERSITY

FACULTY OF LAW

LL.B I-2021/2022

LEGAL METHOD I: LAW 121 SEMINAR QUESTIONS.

INSTRUCTIONS:

a) These are seminar questions set for group discussion and presentations.

b) All members are encouraged to have full participation in discussion and

preparation for presentations.

c) Non-appearance and participation in the presentation shall attract a penalty.

Question Seven
A careful scrutiny of the case of Lyamuya Construction Co. Ltd v Board of
Registered Trustee of Young Women’s Christian Association of Tanzania, Civil
Application No.2 of 2010, Court of Appeal of Tanzania at Arusha (Unreported)
reveals that courts are not always ready to adopt decisions of the past if they can clearly
draw a significant disparity between crucial facts in cases.

In the light of the above, discuss the mechanisms which courts have used to evade
strict application of the doctrine of precedent.

Question Eight

1. Manyama, a railway worker, was hit and killed by a train while he was doing
maintenance work. Regulations stated that a lookout should be provided for men
working on the other railway line ‘for the purposes of relaying or repairing it’. His
widow is trying to claim compensation for his death because the railway company
had not provided a lookout man while Manyama was maintaining the railway line.
On the basis of logical aids to statutory interpretation, is she going to be
successful? Briefly state why?
2. With relevant authorities, state whether the precedent in each of the following
circumstances is binding or not;
a. The Privy Council in 1939 is considering an appeal from Kenya on a case
of armed robbery. It has a previous decision but that was an appeal from
Uganda.
b. The East Africa Court of Appeal in 1965 is considering an appeal from
Tanzania that involves the issue on application of the Common law. It has
a precedent from the House of Lords of 1916 on the same matter.
c. The High Court of Tanzania is considering a murder case. It has been
called to consider two conflicting decisions of the Court of Appeal of
Tanzania on an issue that is relevant to the case at hand. Do you have
different answer if the situation was for the Resident Magistrate Court
considering two conflicting decisions of the High Court while there is a
Court of Appeal decision on similar issue?
d. The High Court of Tanganyika in 1957 is considering a case at hand. It
has a previous decision from the Court of Appeal in England that relate to
the case at hand and which is on the application of a statute of general
application.
e. Would the answer in (d) above be different if there was a Privy Council
decision that was given showing a contrary position to that of the Court of
Appeal in England?