INTRODUCTION

A) Costomery contract

Means a contract which are regulated and governed by costomery laws or

Costomery contract means a contract consisting of costoms that exist and accepted by legal and
obligatory rules of conduct, practices and beliefs that are particularly social and economics system that
are treated as other laws like consititution,statutes and. And a costomery contract its an agreement that
are enforceable by law has per section(2)(1)(h) of the law of contract act cAp.345.R. (2019).

Costomery contract developed in Africa during the period of feudalism that accelerated to people
involved in the exchange of goods and this can be compared

to the case of mtatito mwita Vs mwita Mariana (1968).H.C.D 82.This case is based on costomery
contract between two people who entered into a batter trade of exchanges goods.

MAINBODY

The question is to explain the position bof costomery contract before 1968 and the current position

The position of costomery contract before (1968) is determined through the historical background of
the costomery law in Tanzania and Africa generally where costomery contract developed in Africa during
the period of feudalism were started to produce of goods and accelerated to the encouragement of
exchanges goods at large extent and it was applicable to the people according to their customs for
example the case of maagwi kimito Vs Gibeno werema where the court of appeal held that costomery
laws it have the same status with any law existing in the country like statutory, constitution and e.t.c
also when we trace back in the case of mtatiro mwita Vs mwita mariana in this case shows that this
people entered into a contract of exchanging goods where one of them gives bullock and another given
a backet of millets but after few months a bullock die and one decided to go to the court.where the
primary court solved a case by following their customs belongs to kurya tribe that.to who the bullock die
must return a meat and skin so has an evidence to prove the truth.and being given another bullock.and
at the end the appeal was applicable.according to the costomery law.

Also the current position of costomery contract in Tanzania and Africa at large is according to its
applicability has it shown according to section (11)(1) of the judiculture and application of law Act.so
due to this section costomery Contract its applied even currently in Tanzania especially in a primary
courts where the costomery laws is identified by ancient of a particular tribe.example in the case of
Fadhili Vs lengipengi (1971)H.C.D 31.this is a suit case about the appellant sued for domestic animals
and the offsprings.in this case the district court allowed the appeal of the respondent on the grounds
that.the appeallant sued only after his mother's death and not during her life time.so with due respect
the court that which heard the witnesses found that the respondent had received the stock from
the appellant died mother and had kept it untill her death.so due to that the appeallant had
capacity to sue for the animals after inheriting the animals from his mother and now the appeal
allowed.

B)Common laws

Means a laws that inherited from the colonial masters and it have been enacted after
independence in 1961 and this laws of Tanzania are based on England laws and statutes of
general application from an important part.and in Tanzania where the contract is silent on any
particular aspect of contract law common law of contract modified by equity and acts of
parliament is applicable.and we refer to the case of Tanganyika garage Vs Marcel mafuruki of
(1975) TLR 23.in this case mafuruki took his motorcycle to Tanganyika garage so has to be
fixed.and then mafuruki shows what are tools must be fixed and will pay for it.but after
mafuruki go back to take his motorcycle he found that the garage fixed even tools that didn't
tell them to fix so. Mafuruki refused to pay more money.and the garage take him to the court
so has to be payed.and the district court says mafuruki to pay both money because his
motorcycle already fixed .but mafuruki takes the decision that done by a court has injustice so
he call for court appeals and the court of appeal declared that mafuruki must pay only the fixer
that argued with a garage only.and the appellant successful by following common law by high
court.

CONCLUSION

So according to the case of Tanganyika garage Vs Marcel mafuruki shows the status of common
law where the law of contract act is silent.there common law must be applicable has it shown
in this case the court of appeal , applied the common law because the law of contract act is
silent meaning that it doesn't show the solutions to be followed after the emergency of a case
like this.