Joseph Kimalando v. Philemon Mshiu, (PC) Civ. App. 111-A-67, 7/2/68, Seaton J.

Joseph Kimalando v. Philemon Mshiu, (PC) Civ. App. 111-A-67, 7/2/68, Seaton J.

Plaintiff’s deceased wife was a member of the All Christian Association of Moshi, whose purpose is to assist in the burial expenses of its members. Upon the death of plaintiff’s wife, eight other women contributed a total of Shs. 160/- to the Association for her burial. Defendant, the chairman of the Association, paid only Shs. 40/- to plaintiff, insisting that the

Balance should be kept for future deaths of members. The suit was filed in Primary Court.

            Held: (1) “It would appear that this suit is not concerned with customary law but arises out of some contractual right or obligation incidental to membership of the All Christian Association.” As such, it would not fall within the jurisdiction  of the Primary Courts. [Citing Magistrates’ Courts Act, Cap. 537, s. 14.] (2)The action was summarily dismissed by the High Court. The District Court, finding for defendant, had held that, since only the women subscribed money to the Association here, only they are entitled to sue the Association for failure to carry out its obligations to its members. Further, the proper party to sue would be the Association itself, not its chairman or any individual member.