Compilled Law Tests and Finals

LAW TESTS AND FINALS
OLW 101: CONSTITUTION AND LEGAL SYSTEM OF EAST AFRICA

THE OPEN UNIVERSITY OF TANZANIA
FACULTY OF LAW
SPECIAL MAIN TIMED TEST
DATE: Monday, 02 July 2018 TIME: 13:40 – 15:40 HRS
INSTRUCTIONS
 This examination paper has FOUR questions

 Answer TWO questions only
 This is strictly CLOSED BOOK examination as such students are not allowed to enter into examination room
with any materials of whatever kind and make
 Credits will be awarded for proper use of appropriate authorities and clarity of expressions.
1. The East African Community came up with a lot of challenges, discuss some of these legal challenges
2. As a Law student why do you think Power of the President as granted by the Constitution of the United
Republic of Tanzania of 1977 as amended from time to time needs to be reduced?
3. While demonstrating examples from the current situation in any East African country analyze your knowledge
on the doctrine of Rule of Law
4. Write short notes on the following,

a) Constitutionalism
b) Parliamentary Supremacy
c) Parliamentary Sovereignty
END
FACULTY OF LAW
MAIN TIMED TEST
DATE: Monday, 13 May 2019 TIME: 08:30 – 10:30 HRS
INSTRUCTIONS
 This examination paper has FOUR questions

 Answer TWO questions only
 Question ONE is compulsory.
 This is strictly CLOSED BOOK examination as such students are not allowed to enter into examination
room with any materials of whatever kind and make
1. ‘Our working definition of constitution is that it is the set of laws, rules and practices that create the basic
institutions of the state and its component and related parts, and stipulate the powers of those institutions and
the relationships between the different institutions and between those institutions and the individual’. In the
light of the above quotation
(i) Define constitutional law
(ii) Importance of having a constitution in a country
2. The doctrine of separation of power requires among other things that one organ should not exercise the
function of another organ and that same persons should not form part of more than one of the three organs of
the government. Discuss the doctrine of separation of power and illustrate whether Tanzania has a complete
separation of powers.
3. While demonstrating examples from the current situation in any East African country analyze your knowledge
on the doctrine of Rule of Law
4. Write short notes on at least two principles of the Constitution of the United Republic of Tanzania 1977 as
amended from time to time.
END

FACULTY OF LAW
OLW 101: CONSTITUTIONS AND LEGAL SYSTEMS OF EAST AFRICA
ANNUAL/SUPPLEMENTARY EXAMINATION (ODEX)
DATE: Friday, 22 September 2017 TIME: 11:45 – 14:45 HRS
INSTRUCTIONS
 This paper has SIX questions.

 Attempt FOUR questions. Question No. 1 is COMPULSORY
 This is a total closed book exam; students are not allowed to enter in the examination room with any
materials except writing materials.
 An answer with support of relevant authorities (e.g. case law, etc), illustrations and good arguments will
score higher marks.
1. Separation of powers doctrine and the Theory of Checks and Balances requires that, one Organ of the state
cannot turn its powers over to another.
a. Identify the factors that undermines the applicability of the doctrine of Separation of Powers in
Tanzania
b. Comment whether the Constitutional Review Bill of 2013 has swallowed up the said factors in (a)
above
2. A pardon is an act of grace which exempts a person from punishment for a crime, and is a private, though
official, act of the President as the chief executive. A commutation is a lessening of punishment, as in
commuting a sentence of death to life imprisonment, and the only thing limiting the President in this regard
is that the Constitution is not offended. Comment on the practice in Tanzania.
3. The united Republic of Tanzania union faced a lot of challenges since its birth, with vivid examples, explain
main causes of such challenges and propose how the law ought to be in solving such challenges.
4. Rights are not what someone gives you; rights are what no one can take away from you. Rights are the
closest thing we have to the notion of JUSTICE as normative ethics or morality. Rights are more than
privileges; they are empowerments that have grown out of privileges or norms where responsible people
have recognized both a FREEDOM and corresponding DUTY. Discuss this statement in reflection of the Bill
Of Rights as provided in the Constitution of your Country.
5. Write short notes on the following;

 Natural Rights
 Civil Rights
 Political Rights
6. A constitution is a set of fundamental principles or established precedents according to which a state or
other organization is governed. These rules together make up, i.e. constitute, what the entity is. Discuss
those principle.
END
FACULTY OF LAW
ANNUAL/SUPPLEMENTARY EXAMINATION
DATE: Wednesday, 11 July 2018 TIME: 15:30 – 18:30 HRS

INSTRUCTIONS
 Attempt FOUR questions.
 This is a total closed book exam; students are not allowed to enter in the examination room with any
materials except writing materials.
 An answer with support of relevant authorities (e.g. case law, etc), illustrations and good arguments will
score higher marks.
1. The doctrine of separation of power requires among other things that one organ should not
exercise the function of another organ and that same persons should not form part of more
than one of the three organs of the government. Discuss
2. Is the Constitution of the United Republic of Tanzania of 1977 as amended from time to time
reflects the issues of Human Rights?
3. State whether the current United Republic of Tanzania Constitution of 1977 as amended from
time to time requires amendments or rather be repealed and replaced with a new one. What
are the good reasons for your answer?
4. Write short notes on of the following:
a) The Constitution
b) Conventions,
5. Not all nation states have codified constitutions, though all such states have a jus commune, or
law of the land, that may consist of a variety of imperative and consensual rules. Evaluate.
6. Discuss on any element/s of any Constitution which were indicative of the rule of law
END

FACULTY OF LAW
ANNUAL/SUPPLEMENTARY EXAMINATIONS
DATE: Wednesday, 22 May 2019 TIME: 08:30 – 11:30 HRS
INSTRUCTIONS

 Attempt FOUR questions.
 Question ONE is compulsory.
 An answer with support of relevant authorities (e.g. case law, etc), illustrations and good arguments will score
higher marks.
1. Identify an Act of Parliament that has been passed recently by Parliament and consider how the
three state organs have interacted in the context of that legislation
2. The Treaty of the East African Community [EAC Treaty], which entered into force in 2001,
establishes a community consisting of Kenya, Uganda, and Tanzania. Among the objective of the
community is to develop policies and programmes aimed at widening and deepening co-operation
among the member states in the political, economic, social, and legal fields among others. What
are the other objectives?
3. Using vivid examples from any East Africa state , evaluate the limitations of power of the
President.
4. The judiciary has always been subject to executive branch influence and is criticized as inefficient
and corrupt. Evaluate the truth to the availability of a fair trial in politically charged cases.
5. Any country which cherishes the doctrine of the Rule of Law must necessarily have an independent
judiciary". How far is this statement true?
6. Inspired by John Locke, the fundamental constitutional principle is that the individual can do
anything but that which is forbidden by law, while the state may do nothing but that which is
authorized by law. Discus with vivid examples.
END
OLW 102: CRIMINAL LAW AND PROCEDURE

FACULTY OF LAW
MAIN TIMED TEST (ODEX)
DATE: Wednesday, 13 September 2017 TIME: 08:30 – 10:30 HRS
INSTRUCTIONS
 The paper contains only Four questions

 Attempt any FOUR of them
 Write authoritatively.
 This is a total Closed book examination
1. To what extent does the Constitution of the United Republic of Tanzania of 1977 as amended from time to
time is a source of Criminal Law and Procedure in Tanzania.
2. “No person shall be punished by merely having a guilty intent in the mind; it is until such intent is executed
whether partial or complete.” Substantiate this statement with relevant provisions of the law and case laws.
3. Discuss the main differences between inquisitorial and adversarial system.
4. Write short notes on the following:
a) Bail
b) Parties to an offence in Tanzania
END
FACULTY OF LAW
DATE: Tuesday, 31 May 2016 TIME: 15:55 – 17:55 HRS
INSTRUCTIONS
 The paper contains only Four questions

 Attempt any FOUR of them
 Write authoritatively.
 This is a total Closed book examination
2. Discuss the basic rights and obligations of a person who is suspected to have committed a criminal offence.
3. “Lapse of time progressively weakens the doctrine of recent possession and finally extinguishes it” as per
Naftali Ngalya Vs R [1976] L.R.T.no.45. Discuss the above supporting the same with relevant case laws.
4. Mention three forms of mens rea. With the aid of decided cases and illustrations explain the major
ingredients for each.
a) Bail
b) Parties to an offence in Tanzania
END

FACULTY OF LAW
DATE: Wednesday, 04 July 2018 TIME: 15:55 – 17:55 HRS
INSTRUCTIONS

 Attempt only TWO questions of your choice
1. "Punishment is used as a method of reducing the incidence of criminal behavior either by deterring the
potential offenders or by incapacitating and preventing them from repeating the offence by reforming them
into law-abiding citizens." How far is this statement true?
2. Ms Elgiva was in an argument with John in a pub. The argument escalated and the said Ms Elgiva
attempted to shot John with her gun, but missed. While only marginally shooting her intended victim, the Ms
Elgiva’s bullet was instead redirected and shot to death a woman standing next to John. The woman was
identified by the name of Benadetha. Ms Elgiva was then charged and prosecuted for unlawful and
malicious killing of the named Benadetha. Consequently, Elgiva has approached you for legal advice,
advice her accordingly on the following issues,
a) Ingredients of the offence she has been charged for
b) Advise her on the possible defence (s) to the charge
c) Possible other offences she can be charged with
3. Clearly show the differences between criminal law and civil law?
a) Inchoate offences
b) Forms of actus reus
c) Defence of insanity
END

FACULTY OF LAW
MAIN TIMED TEST
INSTRUCTIONS

 Attempt only TWO questions of your choice
1. a) Define the term omission as used in criminal law.

b) Describe any three offences that may be committed through omission rather than an act.
2. Critically discuss different sources of criminal law in Tanzania.
3. The night after returning home after a long air flight, Andrew’s sleep is disturbed by the sound of a couple
having enthusiastic intercourse next door. Although still sleeping, Andrew, who has no history of
sleepwalking, gets out of bed and enters his flat mate Bella’s bedroom. Bella screams upon seeing him and
tries to push him out of the door. Andrew pushes Bella on to the bed and has intercourse with her. Minutes
later he awakes with no recollection of the intercourse. Discuss any criminal offences which may have been
committed by Andrew and any defences which may be available thereto.
4. Attempts and conspiracies are known as ‘inchoate’ crimes. This is because the ‘full actus reus of the principal offence
has not been reached. Discuss the rationale of punishing inchoate crimes in Tanzania.
END
FACULTY OF LAW

INSTRUCTIONS:
 This is a closed book examination.
 The examination contains SIX questions.
 Answer only FOUR questions.
 Credit will be given for clarity of answers, legal reasoning, and citation of relevant authorities such as case
laws and legal provisions.
(a) Original jurisdiction
(b)Appellate jurisdiction
(c) Extended jurisdiction
(d) Concurrent jurisdiction
(e) Exclusive jurisdiction
2. (a) What do you understand by the term 'habeas corpus’?
(b) Discuss the law and procedure relating to the application of habeas corpus in Tanzania.
3. (a) How are criminal proceedings commenced?
(b) What do you understand by Consent judgement?
(c) Explain two ways of procuring the attendance of an accused during trial.
(d) What is the best recourse when an accused person has jumped bail?
4. Mr. Makwaya is held by the police for allegedly killing his long-time girl friend, one Asha Khamis.
Rumour has it that their relationship turned sour after Makwaya learnt that Asha had started making
love with other men. In an attempt to save the ruined affair, Makwaya warned Asha to abandon the
other boyfriends, but it all fell on deaf ears. On the fateful day, Makwaya caught Asha and another man
'fraglante-delicto' (meaning caught in the act) in his own bedroom. Shocked, Makwaya ran to the
kitchen where he took a machete and rushed back to the room where he slaughtered both Asha and
her other boyfriend.
The Prosecution is considering to charge Mr. Makwaya in court. Meanwhile, they come to you, as a
prominent criminal lawyer in town for advice.
(a)What charge will Makwaya stand for in court?
(b) Which court would have the original jurisdiction to hear the case and Why?
(c) Which court would hear committal proceedings and why?
(d) What can be the defences for Mr. Makwaya?
(e) Will Makwaya succeed? Why?
5. (a) What is a judgement?
(b) What are the contents of a good judgement?
6. (a)What do you understand by plea of guilty? What is the procedure when an accused pleads guilty?
(b)Under what grounds can a person appeal after conviction on his own plea of guilty?
(c)What other pleas can an accused enter?
END
FACULTY OF LAW
DATE: Thursday, 12 July 2018 TIME: 15:30 – 18:30 HRS
INSTRUCTIONS
 This is a closed book examination.
 The examination contains six (6) questions.
 Answer only four (4) questions including question number one which is compulsory.
 Credit will be given for clarity of answers, legal reasoning, and citation of relevant authorities such as case
laws and legal provisions.
1. On 1st January 2018, Lumashi the resident of Somanda within Bariadi district stabbed Joyce (his pregnant
girlfriend) in the face, abdomen and back when she was 22-24 weeks pregnant. On 17th January 2018 Joyce
went into premature labour and gave birth to a live baby, However the baby died 21 days later due to the
premature birth. On the death of the baby, Lumashi was charged with the offences of murder. Lumashi has
approached you as a prominent lawyer in the town, advise him on the following legal issues
a) Appropriateness of the charges
b) Possible defences against the charges
c) Whether the crimes of murder can be committed where unlawful injury is deliberately inflicted to a
mother carrying a child in uterus?
2. In the case of Jackson Mwakatoka and 2 others v. Republic [1990] TLR 17 (CA), it was held that “the mere
presence at the scene of a crime will not be sufficient for liability as an accomplice, even where the defendant
remains at the scene to watch the crime being committed, however if the person intends to encourage the
principal offenders through his presence, with knowledge of the circumstances constituting the offence, there will
be liability.”Discuss this holding in relation to the applicability of the doctrine of common intention in Tanzania.
3. With aid of legal authorities, distinguish accessory before the fact from accessory after the fact as parties of the
crime.
4. While John was shooting Brighton, mistakenly shot to dead his best friend Chrispo. Consequently he was
therefore charged with the offence of murder contrary to section 196 of the Tanzanian Penal Code Cap 16 R.E
2002. John has approached you as a prominent lawyer for legal advice. Advice John on whether he can be
exonerated from crime liability on the sense that he did not intend to kill Chrispo.
5. Critically discuss powers and limitations of public prosecutor in Tanzania.
6. Write short but comprehensive notes on the following legal terms:-
a. Bail
b. Mistake of law
c. Duress
END
FACULTY OF LAW
DATE: Thursday, 23 May 2019 TIME: 11:45 – 14:45 HRS
INSTRUCTIONS
 This is a closed book examination.

 The examination contains six (6) questions.
 Answer only four (4) questions.
 Credit will be given for clarity of answers, legal reasoning, and citation of relevant authorities such as case laws
and legal provisions.
1. Explain the meaning of and rationale for the existence of strict liability offences.
2. Dudley, Steven and Stanley were cast away in an open boat at sea following a storm. The boat drifted in the
ocean and was considered to be more than one thousand miles from land. After seven days without food and
five without fresh water, Steven suggested that lots should be drawn with the loser being put to death to provide
food for the remaining two. Subsequently however, Dudley and Steven colluded to the extent that Stanley should
be killed so that they could survive. On the twentieth day, with the agreement of Steven, Dudley killed
Stanley and both Dudley and Steven ate him for the following four days until rescue. Though Dudley and Steven
believed that in the circumstances they would die unless one of them is killed to rescue the other from dying with
hunger. Discuss the criminal liability of the named Dudley and Steven, and any defence(s) if any available for
them.
3. Julian met Annie for the first time at a concert. They found each other attractive andso agreed to meet the
following evening. Julian changed his mind and asked his twinbrother Sandy to meet Annie. Sandy met Annie.
She assumed he was Julian. Theyhad sexual intercourse that evening and agreed to meet the following evening.
Onthis occasion Julian met Annie and they had sexual intercourse. Discuss the criminal liability of the Annie and
Sandy.
4. Define the term Illegal search and describe the legal effect of conducting illegal search in Tanzania.
5. Differentiate alternative count from cumulative count.
6. Write short but comprehensive notes on the following legal terminologies:-
a) The M’Naghten Rules b) Voluntary Intoxication c) Defective charge d) Duplicity
END
OLW 103: LAW OF CONTRACT
FACULTY OF LAW
OLW 103: THE LAW OF CONTRACT
MAIN TIMED TEST
DATE: Friday, 07 December 2018 TIME: 10:45 – 12:45 HRS

INSTRUCTIONS
 This is ‘TOTALLY CLOSED BOOK EXAMINATION’.
 This examination paper has four questions, choose two
 Credit will be given for proper use of authorities, illustrations, relevancy and clarity of expression. Verbosity
will be penalized.
1. What is an exemption clause? Explain its rationale in the law of contract.

2. A nephew discussed buying a horse from his uncle. He offered to purchase the horse and said, “if I
don't hear from you by the weekend I will consider him mine.” The horse was then sold by mistake
at auction. The auctioneer had been asked not to sell the horse but had forgotten. The uncle
instituted proceedings against the auctioneer for conversion. Is there a valid contract between the
nephew and the uncle? Can silence amount to acceptance?
3. Differentiate between the following terms
a. Unilateral and Bilateral Mistake
b. Mistake of fact and mistake of law
c. Fraudulent and Innocent misrepresentation
4. Where and when should the contract be performed? Explain with vivid authorities.
END
FACULTY OF LAW
MAIN TIMED TEST (ODEX)
DATE: Monday, 15 January 2018 TIME: 11:45 – 13:45 HRS
INSTRUCTIONS
 This examination paper carries FOUR questions,

 Attempt any TWO Questions.
 No credit will be given for irrelevancies, verbosity and unreasoned or unsupported answers.
 This is a “TOTALLY CLOSED BOOK” examination
1. What do you understand by an offer? Give necessary conditions for a valid offer.
2. ‘Acceptance to an offer is what a lighted splinter can do to train full of gun powder, they both do things which
cannot be undone’.
Do you think this statement is relevant to the Law of Contract in Tanzania?
3. Analyze the effect of refusal to accept offer of performance and conditions that good offer of performance
must fulfils.
4. Damages in the law of contract may be general or specific. Discuss the rules governing proof and
assessment of the two.
END
OLW 103: MAIN TIMED TEST (ODEX) SHINYANGA
MARKING GUIDE
1. What do you understand by an offer? Give necessary conditions for a valid offer.
Offer
It is promise or proposal by one party to another signified willingly with the view of obtaining his /
her consent and form contract. It is accordingly to Section 2(1) (a) of the Law of Contract Act CAP
345 RE 2002. Without offer, there could be no agreement because agreement is made by offer and
acceptance.
An offer is an expression of willingness to contract on specific terms, made with the intention that it
is to become binding as soon as it is accepted by the person to whom it is addressed. A binding
contract is concluded once an offer has been accepted unconditionally.
Offer should be differentiated from the invitation to treat because in invitation to treat people are
invited to make offers hence no offer is made. Invitation to treat is seen in displays as was in the
case of Fisher v. Bell about display of knife did not amount to offer.
Offer can also be revoked at any time prior its acceptance and is complete against proposer but
not afterwards as per section 5 (1) of the Law of Contract Act CAP 345 RE 2002.
Necessary Conditions of Valid Offer
There are various prerequisites which makes offer to be valid in the eyes of the laws. These are: -
i) Offer must be seriously intended.

ii) Offer must be voluntarily made.
iii) Offer must be definite and certain. As it was seen in the case of Sudbrook Trading
Estate v Eggleton [1983] AC AC 444 House of Lords where the court held that the
clause was not too vague to be enforceable as it put in place a mechanism to ascertain
the price.
iv) Offer must be communicated.
v) Offer should not contain a term the non-compliance of which would amount to accep-
tance
vi) An offer needs to be distinguished from an invitation to treat. Whereas an offer will lead
to a binding contract on acceptance, an invitation to treat can not be accepted it is
merely an invitation for offers.
2. ‘Acceptance to an offer is what a lighted splinter can do to train full of gun powder, they both do things
which cannot be undone’.
Do you think this statement is relevant to the Law of Contract in Tanzania?
Introduction
The statement implies what the acceptance can do upon the contract formation. It requires
understanding of the nature and conditions for the functioning of acceptance.
Acceptance
It is unqualified assent of the proposal or promise. It occurs when the offeree signifies his assent to
the offer and intends to be bound by the terms of the offer. Acceptance should be unqualified
meaning that should be in line with terms of the offer without qualification, absolute and expressed
in usual reasonable manner to convert offer into agreement.
Relevance of statement
It is to some extent the statement is relevant because acceptance does not qualify or modify the
terms of the offer. Hence acceptance is unqualified and absolute assent to the offer. It is covered
under section 7 of the Law of Contract Act CAP 345 RE 2002.
In addition, acceptance to offer is very important like lighted splinter to gun powder. It is crucial
because without it no agreement can be made. Hence offer itself without acceptance does not
constitute agreement for the contract to exist. Hence it worthy element of the contract. It can be
deduced from the wording of section 2 (1) (b) of the Law of Contract Act CAP 345 RE 2002.
Moreover, acceptance should be communicated to offeror like there must be communication

between the lighted splinter and gun powder for it to function properly. Acceptance also should be
communicated to the proposer and the communication is complete when it is during usual business
or it has come to the knowledge of the proposer. This according to section 4 (2) of the Law of
Contract Act CAP 345 RE 2002.
Furthermore, for lighted splinter to make gun powder function, the splinter must have connection
between the two. The connection is established through the mirror image. Absence of it makes
inoperative. If acceptance is qualified the terms of the offer, it does not suffice to be acceptance,
but it becomes counter offer which kills the original offer as per the holding of the case of Hyde v.
Wrench
However, if the lighted splinter can be disconnected before reaching gun powder, gun powder will
not function. The same acceptance may be revoked at any time before the communication of the
acceptance is complete as against the acceptor, but not afterwards. This is found under section
5(2) of the Law of Contract Act CAP 345 RE 2002.
Conclusion
Therefore, once a valid acceptance takes place, a binding contract is formed. It is therefore
important to know what constitutes a valid acceptance to establish if the parties are bound by the
agreement. The statement is relevant as far as law of contract Act of Tanzania is concerned.
3. Analyze the effect of refusal to accept offer of performance and conditions that good offer of
performance must fulfils.
General rule
A contract becomes discharged through performance where both parties have fully performed
their contractual obligations. If one party does not fully perform the contract this will amount to a
breach of contract and the other party may have a claim for damages unless the contract has been
frustrated. If the non-performance amounts to a repudiatory breach (breach of condition) the other
party will be released from their obligations.
Where a contract is one where the price is payable on completion, then completion is generally
required to discharge the contract. This is often expressed in the terms of being a condition
precedent. Completion triggers the requirement of payment: no completion, no payment.
This general rule was established in Cutter v Powell [1795] EWHC KB J13 where the court held
that the wife's action failed. Payment was on condition that he worked the ship to Liverpool, since
he did not fulfil this condition the widow was entitled to nothing.
Exception
Where a party is willing to perform and tries to tender performance, but the other party does not
accept the performance then the party seeking to tender performance is discharged from the
contract and the non-accepting party is liable in damages for non-acceptance.
This was evidenced in the case of Startup v MacDonald (1843) 6 Mann & G 593 where A
contract stated that 10 tons of oil were to be delivered to the defendant within the last 14 days of
March. The claimant delivered the oil at 8.30pm Saturday March 31st. The defendant refused to
accept the delivery because of the lateness of the hour.
The court held that the claimant had tendered performance within the agreed contractual period
and was thus entitled to damages for non-acceptance.
4. Damages in the law of contract may be general or specific. Discuss the rules governing proof and
assessment of the two.
Damages is monetary compensation that is awarded by a court in a civil action to an individual who
has been injured through breach of contract of another party. The purpose of damages is to restore
an injured party to the position the party was in before being harmed. As a result, damages are
generally regarded as remedial rather than preventive or punitive. As it was stated in the case of
NJORO FURNITURE MART LTD v TANZANIA ELECTRIC SUPPLY CO LTD 1995 TLR 205 (CA)
where the court observed that since in principle the quantum of damages has to be such as to
restore an injured party, as far as possible, to the position prior to the injury, it is correct in
law to include in the award of damages an element calculated to offset the effect of inflation and
devaluation
Section 73 of the Law of Contract Act provides for provisions regarding the might of the injured
party to recover compensation for the loss or damage which is caused to him by the breach of
contract.
Categories of damages and their proof
General damages are damages that the law presumes follow the breach complained of. General
damages are those damages which the law implies in every breach and every violation of a legal right. General
damages are damages which the law in its wisdom, presumes to flow automatically from the wrong inflicted on a
claimant by a defendant from whom they are claimed and do not need or must be specifically, pleaded
It is well established that general damages need not be specifically proved. In Dauda v. Lagos
Building Investment Company Ltd & Ors (2010) LPELR-4024(CA) thus the action for general
damages is always available as of right when a contract has been broken.
Specific damages are damages that are alleged to have been sustained in the circumstances of a
breach. Specific damages are specific and peculiar losses suffered because of the wrongful act
or contract of a defendant. The damages are special in the sense that they are easily discernible
and quantifiable, and which does not rest on a puerile conception or notion, which give rise to
speculation or assumption.
In the case of ZUBERI AUGUSTINO v ANICET MUGABE 1992 TLR 137 (CA) the court observed
that it is trite law that specific damages must be specifically pleaded and proved although pleaded
cost of repair was not proved since the engine was blown off and because it is a notorious fact that
prices are rising in astronomic proportions and that the amount pleaded cannot even buy a
reconditioned engine we allow the amount pleaded.
In UBN Plc v. Omniproducts general damages is not the same as specific damages where one
must itemize and prove all issues being claimed.
Assessment of damages
The court creates an award for the non-breaching party that is the financial equivalent of what the
party would have received if the contract had been fulfilled as promised. The courts are permitted
to use some or all these rules in any order that they see fit during assessment of damages be
general or specific damages
• Damages must be reasonable and foreseeable: When assessing an award, the

damages must be both reasonable and foreseeable as a direct consequence of breach of
contract.
• Damages follow the breach(causation): The parties understand that an award of
damages is possible, should they breach the contract
• Damages are specific: Usually, a court will require a “reasonable degree of certainty” in
the final award of damages.
• Breach must be mitigated: this principle demands that when a contract is breached, the
plaintiff must seek some alternative method of disposing of the property.
• Damages should not exceed the total of the contract: The final rule in assessing
damages is that the ultimate award should not exceed the amount that the non-breaching
party would have received if the contract had been fully performed.
Section 73 of the Law of Contract Act enshrines that when a contract has been broken, the party
who suffers by such breach is entitled to receive, from the party who has broken the contract,
compensation for any loss or damage caused to him thereby, which naturally arose in the usual
course of things from such breach, or which the parties knew, when they made contract, to
be likely to result from the breach of it. Such compensation is not to be given for any remote
and indirect loss or damage sustained by reason of the breach.
The case of Hadley v. Baxendale (1854) is the basis of the law to determine whether the damage
is the proximate or remote consequence or breach of contract. The rule in Hadley v. Baxendale
consists of two parts. On the breach of a contract such damages can be recovered as may fairy
and reasonably be considered arising naturally, i.e., according to the usual course of things from
such breach, or as may reasonably be supposed to have been in the contemplation of both parties
at the time they made the contract.
FACULTY OF LAW
OLW 103: THE LAW OF CONTRACT.
INSTRUCTIONS
 This is ‘TOTALLY CLOSED BOOK EXAMINATION’.

 This examination paper has four questions, choose two
will be penalized.
1. Why are the fundamental notions such as sanctity and freedom of contract false notions in their real
function to persuade people?
2. Juma offered to sell a farm to Mwambusi for 1,000,000/= TSHS. Mwambusi in reply offered 950,000/=
TSHS which Juma refused. Mwambusi then sought to accept the original offer of 1,000,000/= TSHS. Juma
refused to sell to the Mwambusi. Discuss whether a contract was formed.
3. Write short notes on the following:-

a. Non est factum
b. Contra preferentum
c. Material facts
4. Under what circumstances can a contract be said to have been frustrated? Support your answers with legal
authorities.
END
FACULTY OF LAW

MAIN TIMED TEST
DATE: Wednesday, 15 May 2019 TIME: 08:30 – 10:30 HRS
INSTRUCTIONS

 This is a “TOTALLY CLOSED BOOK” examination
1. Describe with relevant authorities the sources of the law of contract in Tanzania.
2. What is the difference between rejection and revocation of offer? Suppose a friend offers to sell
you a jacket during winter season. You agree to consider the offer. Your friend calls you next day
and tells you that the jacket is no longer for sale. Has the offer been revoked or rejected? Give
reasons with legal authorities.
3. Le Professeri parked his car at nearby area to where he lectures. After lectures, when he went to
his car, he found Toto Kubwa, finishing washing his car. Then Toto Kubwa demands money from
Le Professeri. Le Professeri denies the payment. Toto Kubwa heard that Open University of
Tanzania gives legal advice and you are part of the team. Advise Toto Kubwa accordingly.
4. Discuss the rules which are applicable in the determination of the validity of the exemption clauses.
END
FACULTY OF LAW
SUPPLEMENTARY/ANNUAL EXAMINATION (ODEX)

DATE: Thursday, 11 January 2018 TIME: 08:30 – 11:30 HRS
INSTRUCTIONS
 This paper contains a total of SIX questions.
 Answer FOUR QUESTIONS.
 This is a strictly CLOSED BOOK examination as such students are not allowed to enter into the examination
room with any material whatsoever.

1. Duncan goes to the pub after work on Friday evening, after a long, liquid lunch. He drinks alcohol
for another couple of hours by which time he is quite drunk. His workmate, Muhammad, does not
drink alcohol, but has had orange juice instead, and is quite sober. They have been talking about
Duncan’s new entertainment system that cost him Tsh200,000/- that unfortunately Duncan is
having enormous difficulty setting up. Muhammad says to Duncan that he’ll buy it for Tsh200,000/-
and Duncan agrees. Muhammad drives Duncan home in his van and takes the home
entertainment system. The following day Duncan goes to Muhammad’s place and tries to return
the money and recover his entertainment system.
Advise Muhammad and cite a relevant case.
2. ‘….in case of supervening event the contract is frustrated and then the parties are discharged of
their respective obligations’. Anonymous. Discuss the above assertion in relation with the Doctrine
of Frustration.
3. Explain the meaning of a breach of contract and the consequences of breach of contract.
4. Write short and comprehensive notes on the following.
i. Offer and acceptance
ii. Promissory estoppel
iii. Misrepresentation
5. i. What is the doctrine of privity of contract?
ii. What are the exceptions to the general rule of privity of contract?
6. Examine four ways in which a contract may be discharged.
END
OLW 103: AE/SUPP MARKING GUIDE
1. Duncan goes to the pub after work on Friday evening, after a long, liquid lunch. He drinks
alcohol for another couple of hours by which time he is quite drunk. His workmate, Muhammad,
does not drink alcohol, but has had orange juice instead, and is quite sober. They have been
talking about Duncan’s new entertainment system that cost him Tsh200,000/- that unfortunately
Duncan is having enormous difficulty setting up. Muhammad says to Duncan that he’ll buy it for
Tsh200,000/- and Duncan agrees. Muhammad drives Duncan home in his van and takes the home
entertainment system. The following day Duncan goes to Muhammad’s place and tries to return
the money and recover his entertainment system.
Advise Muhammad and cite a relevant case.
In advising Muhammad, the following issues shall be considered

– Whether there was valid contract.
– What are effects thereto.
Whether the contract between Duncan and Muhammad is valid
Section 10 of the Law of Contract Act [CAP 345 RE 2002] provides for the essentials that make
agreements contract that can be enforced. It provides that all agreements are contracts if they are
made by the free consent of parties competent to contract, for a lawful consideration and with a
lawful object, and are not hereby expressly declared to be void.
Hence the parties who enter the agreement to suffice the validity of the contract need to be
competent persons. That means they must have capacity to enter into contract with other persons.
Section 11 (1) of the Law of Contract Act [CAP 345 RE 2002] provides that every person is
competent to contract who is of the age of majority according to the law to which he is subject, and
who is of sound mind, and is not disqualified from contracting by any law to which he is subject.
Hence, the competence of party to the contract is determined by the soundness of the mind. It is
provided under section 12(1) of the Law of Contract Act, [CAP 345 RE 2002] that a person is said
to be of sound mind for making a contract if, at the time when he makes it, he can understand it
and of forming a rational judgment as to its effect upon his interests.
Intoxication is one the factor that contributes to loss of soundness of mind. However, intoxication
should suffice the condition that a person must not understand nature of contract and of forming a
rational judgment as to its effect upon his interests. Since the scenario provides for the statement
that Duncan was “quite drunk” at the time of making agreement on his entertainment system. This
means He was completely or totally drunk which implies unable to understand and form rational
judgment.
Conclusion
The contract between Muhammad and Duncan was not valid because Duncan did lack
competence to enter agreement due to intoxication which manifested through quite drunk phrase in
the scenario and Muhammad knew the condition.
In the case of Gore v. Gibson (1845) 13 M & W 621; 153 ER 260, it was held that a contract made
by a person so intoxicated as not to know the consequences of his act is not binding on him if his
condition is known to the other party.
What are effects of intoxication on the contract
Section 11(2) of the Law of Contract Act provides for agreements which are made by the persons
declared to be incompetent to enter contract becomes void. This means the agreement cannot be
enforced as per section 2(1) (h) of the Law of Contract Act provides for void contract as the ones
which cannot be enforced by the law.
Therefore, by the above provision, the contract between Duncan and Muhammad is void i.e.
cannot be enforced in the courts of law. Henceforth Muhammad must accept the return of money
paid to Duncan and return of entertainment system to owner because there was no contract in the
eyes of the law by being declared void.
It appears, however, that such a contract is not void but merely voidable, for it was held in
Matthews v. Baxter (1873) LR 8 Ex 132 that if the drunken party, upon coming to his senses,
ratifies the contract, he is bound by it but in our scenario, DUNCAN repudiates the contract made.
Obiter dicta. The other alternative is that even though he was drunk, and he was able to
understand the nature of the agreement and capable of forming rational judgment as to the
interests, then the contract is valid.
2. ‘….in case of supervening event the contract is frustrated and then the parties are discharged of
their respective obligations’. Anonymous. Discuss the above assertion in relation with the Doctrine
of Frustration.
Introduction
 The statement entails two main aspects such as in case of supervening event and effects of
frustration to the contract. It is supervening event that makes the contract discharged. Also,
when there is frustration, parties to the contract are discharged from respective obligations.
Therefore, the statement describes the doctrine of frustration.
 After the parties have concluded a contract, events beyond their control may occur which
frustrate the purpose of their agreement, or render it very difficult or impossible, or as even
illegal, to perform.
Supervening events
 Supervening events are the unforeseen events which occur beyond the control of human
being that makes the contract impossible or illegal to perform. They are unforeseen by the
parties to the contract. Also, they are out of control of human beings. In addition, they render
contract impossible to be performed. Henceforth, when they occur, they make the contract
frustrated.
 A contract may be frustrated where there exists a change in circumstances, after the contract
was made, which is not the fault of either of the parties, which renders the contract either
impossible to perform or deprives the contract of its commercial purpose.
 In the case of M/S KANYARWE BUILDING CONTRACTOR v THE ATTORNEY GENERAL

AND ANOTHER 1985 TLR 161 (HC). The court established that the doctrine of frustration
might be invoked where events occur that make the performance of the contract impossible
and these frustrating events are not the fault of either party.
Examples of frustrating events are: -
• Destruction of subject matter. See, Taylor v Caldwell 3 B & S 826
• Personal incapacity. See, Condor v Baron Knights [1966] 1 WLR 87
• Illegality of performance. See, Fibrosa Spolka v Fairbairn [1943] AC 32
• Where a contract cannot be performed in the specified manner. See, Nicholl and
Knight v Ashton, Eldridge & Co [1901] 2 KB 126
• the contract must be deprived of the whole commercial purpose to amount to
frustration. See, Herne Bay Steam Boat v Hutton [1903] 2 KB 683.
Non-frustrating events are: -
• Difficult or expensive to perform. See, Davis Contractors v Fareham UDC [1956]
AC 696.
• the fault of either of the parties. See, Maritime National Fish v Ocean Trawlers
[1935] AC 524.
Frustration will also not exist where the frustrating event should have been foreseen. See, Walton
Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274. section 56 (3) of the Law of Contract
Act, CHAPTER 345 RE 200
Effects of doctrine of frustration
• Where a contract is found to be frustrated, both parties are released from their obligations
under the contract and neither party may sue for breach.
• Section 56 (2) of the Law of Contract Act CHAPTER 345 RE 2002 provides consequences
of when the contract becomes impossible to perform. It provides that a contract to do an act
which, after the contract is made, becomes impossible, or, because of some event which
the promisor could not prevent, unlawful, becomes void when the act becomes impossible
or unlawful. See, Taylor v Caldwell (1863) 3 B & S 826
• To be void, it means the contract cannot be enforced in the court of law (section 2 of the
Law of Contract Act CHAPTER 345 RE 2002). Hence, if the contract is frustrated, it
becomes nothing. It is as good as it is not formed. However, the nothing nature of contract
due to frustration begins from the day of frustration onwards and not before. Anything done
before, the parties must be restored to their original position.
• Therefore, where a contract is found to be frustrated, each party is discharged from future
obligations under the contract and neither party may sue for breach.
• The doctrine of frustration does operate as the party to the contract wishes to escape from
the contractual liabilities because its operation has legal limitations and conditions, of which
they must be met to make sure the doctrine applies in the circumstance. However, the
doctrine does not discharge liabilities occurred prior the frustrating events, but it does
discharge from the future obligations.
3. Explain the meaning of a breach of contract and the consequences of breach of contract.
Breach of Contract
• Breach of contract is a legal cause of action in which a binding agreement or bargained-for
exchange is not honored by one or more of the parties to the contract by non-performance
or interference with the other party's performance.
• If the party does not fulfill his contractual promise, or has given information to the other
party that he will not perform his duty as mentioned in the contract or if by his action and
conduct he seems to be unable to perform the contract, he is said to breach the contract
Types of Breach of Contract
• Fundamental Breach
• It is breach goes to the root of the contract and allows discharge. It occurs where
the failure of one of the contracting parties to perform a primary obligation under the
contract has the effect of depriving the other party of substantially the whole benefit
which the parties intended that party to receive.
• The remedy for fundamental breach and repudiation is effectively the same the
innocent party may elect to terminate the contract or to accept the repudiation
bringing the contract to an end. In either case, the parties are discharged from
future obligations under the contract, and the innocent party may look to the other
party for damages.
• In the case of Photo Productions Ltd. v. Securicor Transport Ltd. [1978] 1
W.L.R. 856 the court observed that a strict Rule of Construction approach whereby
a fundamental breach is found only through examining the reasonable intentions of
the parties at the time of the contract.
• Minor Breach
• Also referred to as partial breach, it is a breach of contract that is less severe than a
material breach and it gives the harmed party the right to sue for damages but does
not usually excuse him from further performance.
• A minor breach also gives rise to an immediate cause of action. However, it does
not excuse the innocent party’s duty to perform. Therefore, the innocent party can
sue for whatever damage it sustains from the minor breach, but it must
nevertheless live up to its side of the contract.
• Anticipatory Breach of Contract
• It is repudiation is suggested by the conduct of the party or from statements made
before time of performance. An anticipatory breach occurs when a party
demonstrates its intention to break a contract. However, vocal or written
confirmation is not required, and failure to perform an obligation in a timely matter
can result in a breach.
• By declaring an anticipatory breach, the counterparty may begin legal action
immediately rather than waiting until a contract's terms are broken.
• Hochster v De La Tour (1853) 2 E&B 678 is a landmark English contract law case
on anticipatory breach of contract. It was held that if a contract is repudiated before
the date of performance, damages may be claimed immediately.
•
Consequences of Breach of contract
• When one party to a contract breaches it, that breach relieves the other party of the duty to
perform.
• When a breach of contract occurs, there are two immediate options such as the non-
breaching party can consider the contract rescinded and sue for damages or ignore the
breach and continue to deal with the breaching party.
• Often the safest route for the non-breaching party to take is to file suit against the other
party and show how that party failed to perform as promised.
• When a contract has been broken, the party who suffers by such breach is entitled to
receive, from the party who has broken the contract, compensation for any loss or
damage caused to him thereby, which naturally arose in the usual course of things from
such breach, or which the parties knew, when they made the contract, to be likely to result
from the breach of it.
• When an obligation resembling those created by contract has been incurred and has not
been discharged, any person injured by the failure to discharge is entitled to receive the
same compensation from the party in default as if such person had contracted to discharge
it and had broken his contract.
• Section 73 of Law of Contract Act, CAP 345 RE 2002

(i) offer and acceptance
Offer
• It is promise or proposal by one party to another signified willingly with the view of obtaining
his / her consent and form contract. It is accordingly to Section 2(1) (a) of the Law of
Contract Act CAP 345 RE 2002.
• Offer must be definite and certain, seriously intended, voluntary made and communicated
to the offeree.
• Without offer, there could be no agreement because agreement is made by offer and
acceptance.
• Offer should be differentiated from the invitation to treat because in invitation to treat people
are invited to make offers hence no offer is made. Invitation to treat is seen in displays as
was in the case of Fisher v. Bell about display of knife did not amount to offer.
• Offer can also be revoked at any time prior its acceptance and is complete against
proposer but not afterwards as per section 5 (1) of the Law of Contract Act CAP 345 RE
2002.
Acceptance
• It is unqualified assent of the proposal or promise. It occurs when the offeree signifies his
assent to the offer and intends to be bound by the terms of the offer. It can be deduced
from the wording of section 2 (b) of the Law of Contract Act CAP 345 RE 2002.
• It is crucial because without it no agreement can be made. Hence offer itself without
acceptance does not constitute agreement for the contract to exist. Hence it worthy
element of the contract.
• Acceptance should be unqualified meaning that should be in line with terms of the offer
without qualification, absolute and expressed in usual reasonable manner to convert offer
into agreement. This is found under section 7 of the Law of Contract Act CAP 345 RE
2002.
• Acceptance also should be communicated to the proposer and the communication is
complete when it is during usual business or it has come to the knowledge of the proposer.
This according to section 4 (2) of the Law of Contract Act CAP 345 RE 2002.
• If acceptance is qualified the terms of the offer, it does not suffice to be acceptance, but it
becomes counter offer which kills the original offer as per the holding of the case of Hyde
v. Wrench
(ii) Promissory estoppel
Promissory estoppel
• Promissory estoppel is a legal principle that a promise is enforceable by law, even if made
without formal consideration, when a promisor has made a promise to a promisee who then
relies on that promise to his subsequent detriment.
Purpose of promissory estoppel
• Promissory estoppel is intended to stop the promisor from arguing that an underlying
promise that was made should be not be legally upheld or enforced.
Requirements
• The first requirement of promissory estoppel is that the promisor must give clear and
unambiguous statement that he does not intend to enforce his legal rights. The promise
may be express or implied.
• The second requirement is that promisee must have acted on that promise made by the
promisor.
• Promissory estoppel often arises where promisee in reliance on that promise suffered
detriment as in Ajayi V. Briscoe (1964) 1 WLR 1326 or where he alters his position
because of relying on that promise when though he suffers no detriment.
• In Alan Co. Ltd V El Nasr & Import Co. (1972) 2 QB 18, Lord Denning held that detriment
is not an essential element of promissory estoppel.
• The third requirement of promissory estoppel is that it would be inequitable for the promisor
to renege on his promise and claim his strict legal rights after the promisee had relied on it.
• The fourth requirement of promissory estoppel is that it cannot not be enforce against the
promissor. Thus, it can be used only as a defence and thus cannot be used as a sword.
• In Combe V. Combe (1951) CA, the court held that promissory estoppel does not create a
cause of action and as such the requirement of consideration in formation of contract is still
relevant.
• Promissory estoppel is a rule of evidence that prevents the promissor from denying the
truth of statement which the promisee had relied.
(iii) Misrepresentation
Misrepresentation is a false or misleading statement that a person honestly believes to be true. He

makes this statement without any intention to cheat or mislead another person. The false
statement is serious but not as serious as fraud.
• According to Section 18 of the Law Contract Act the meaning of misrepresentation is as
follows:
– It is a positive assertion of information by a person which is not true, but the person
believes it to be true.
– It is a breach of duty without any intention to deceive. However, the person gains an
advantage by misleading another person.
– The statement innocently causes a party to an agreement to make a mistake to the
subject of the agreement.
If on the misrepresentation of statements, a person to the contract has been affected, he can avoid
the contract because it becomes a voidable contract at his option.
– A person whose consent has been taken by misrepresentation has the right to
rescind to the contract.
– He has a right to ask for completion of the performance of the contract and
– He can also ask for being given the position which he would have if the
representation of facts was true at the time of asking for performance of the contract
5 i. What is the doctrine of privity of contract?
The doctrine of privity of contract is that a contract cannot confer rights or impose those obligations
arising under it, on any person except the parties to it. The doctrine conferred by the Dunlop
Pneumatic Tyre Co. Ltd. v Selfridge & Co. Ltd is the doctrine of privity to contract which
provides that only parties to a contract can sue for a breach of the contract.
Rationale of privity to contract
The doctrine of privity therefore prevents a third party from suing on a contract. It prevents or
forbids the contracting parties to enforce obligations against the stranger for justice reasons.
ii. What are the exceptions to the general rule of privity of contract?
• The exception provided in the case of Dunlop Pneumatic Tyre Co. Ltd. v Selfridge & Co.
Ltd is that if a party named in the contract was acting as an agent of an unnamed party; in
this case, the unnamed party can be sued. Hence the exception is under agency.
• However, another exception is collateral contract whereby collateral contract is one that
accompanies the main contract between two parties. It is one involving either of them and a
third party. This was observed in Andrew v Hopkinson, where it was held, that a customer
who had entered into a hire purchase agreement with a finance company on the strength of
misrepresentation made to him by the dealer could sue the dealer on collateral contract
between himself and the dealer.
• Also, in multilateral contracts. Which occur when a person joins an unincorporated
association such as a club, it could be said that he has gone into a contractual relationship
with other members even if he may not be aware of their identity and if the person only
liaises with the secretary of the organization. For instance, in one case the courts decided
that a competitor in a race contracted not only with the organizers but with other
competitors.
• Moreover, third party insurance contract where conferred by the statute. The third
party can sue insurer under that circumstance. It was in Kayanja v New India Insurance
Company, when it was held that a stranger to the contract cannot sue upon it unless given
statutory provision, as mentioned above, which gives rights, while here the liability covered
by an insurance company is one which is required by the Traffic Act to be covered. Then
an authorized driver has a statutory right to sue the insurance company himself to impose
an indemnity given to him by the policy.
• Furthermore, when there is assignment of rights and liabilities in the contract to the third
party become exception to the rule because the assigned person can sue or be sued
thought not the party to the contract. It was observed in the case of Darlington Borough
Council v. Wiltshire Northern Ltd, the court of appeal held that the council was entitled to
nominal damages and substantial damages due to the assignment.
• Where third party is beneficiary in trust agreement, such third party can sue or be sued
even though he or she is not party to the trust agreement. This was accentuated in the
case of Lloyd’s v Harper it was held that the creditors were entitled to the benefit from the
contract made since the committee had entered as trustee for these who had suffered to
the insolvency of the son.
• In negotiable instrument a holder of a bill can sue anyone whose name or signature
appears on the bill, yet he is not privy to the contract.
7. Examine four ways in which a contract may be discharged.

Discharge of a contract relates to the circumstances in which the contract is brought to an end.
Where a contract is discharged, each party is freed from their continuing obligations under the
contract.
A contract may be discharged in one of the following ways: -
- By performance
- By agreement
- By frustration
- By breach
Performance
• A contract becomes discharged through performance where both parties have fully
performed their contractual obligations.
• General rule provides that performance of contract must be full and complete to discharge
the contract. This rule was formed in the case Cutter v Powell [1795] EWHC KB J13.
• The harshness of this rule relating to discharge through performance has been mitigated by
the creation of various exceptions:
o Divisible contracts: Ritchie v Atkinson (1808) 10 East 295
o Substantial performance: Bolton v Mahadeva [1972] 1 WLR 1009
o Acceptance of partial performance: Sumpter v Hedges (1898) 1 QB 673
o Tender of performance: Startup v MacDonald (1843) 6 Mann & G 593
o Performance prevented by the other party: Planche v Colburn [1831] EWHC KB
J56
Agreement
• A contract may be discharged by agreement when both parties agree to bring the
contract to an end and release each other from their contractual obligations. For a contract
to be discharged through agreement there must be Accord & Satisfaction. Each party
must agree to end the contract. The agreement must be freely given.
• Both parties must also provide consideration. If both parties have continuing obligations,
then generally the consideration will be simply each of them giving up their rights under the
contract. The only time consideration becomes an issue is where one party has fully
performed their part of the contract when the other has not. The non-performing party must
then provide consideration to make the agreement binding. Also, if the agreement is made
by deed there is no requirement to provide consideration. There is in effect a contract to
end a contract.
Frustration
• A contract may be frustrated where there exists a change in circumstances, after the
contract was made, which is not the fault of either of the parties, which renders the contract
either impossible to perform or deprives the contract of its commercial purpose.
• See, M/S KANYARWE BUILDING CONTRACTOR v THE ATTORNEY GENERAL AND
ANOTHER 1985 TLR 161 (HC). The court established that the doctrine of frustration might
be invoked where events occur that make the performance of the contract impossible and
these frustrating events are not the fault of either party.
• Where a contract is found to be frustrated, both parties are released from their obligations
under the contract and neither party may sue for breach.
• Section 56 (2) of the Law of Contract Act CHAPTER 345 RE 2002 provides
consequences of when the contract becomes impossible to perform. It provides that a
contract to do an act which, after the contract is made, becomes impossible, or, because of
some event which the promisor could not prevent, unlawful, becomes void when the act
becomes impossible or unlawful. See, Taylor v Caldwell (1863) 3 B & S 826
Breach
• A contract may, in some circumstances, be discharged by a breach of contract. Where
there exists a breach of condition (as oppose to breach of warranty) this will enable the
innocent party the right to repudiate the contract (bring the contract to an end) in addition to
claiming damages. A contract cannot be discharged by a breach of warranty.
• Where a party indicates their intention not to perform their contractual obligations, the
innocent party is not obliged to wait for the breach to occur before they bring their action for
breach:
• Hochster v De la Tour (1853) 2 E & B 678. Where one party communicates their intention
not to perform the contract, the innocent party need not wait until the breach has occurred
before bringing their claim. They may sue immediately, or they can choose to continue with
the contract and wait for the breach to occur
FACULTY OF LAW
INSTRUCTIONS
 This paper contains a total of SIX questions.
 Answer FOUR QUESTIONS.
 This is a strictly CLOSED BOOK examination as such students are not allowed to enter into the examination
room with any material whatsoever.
8. What constitutes a legal contract?
9. John is a pharmacist and the manager of a self-serve chemist supermarket, which includes certain
medicinal drugs being offered. It is illegal to sell some of these items unless it is under the
supervision of a registered pharmacist. The issue that arose was whether the goods on the shelves
with prices marked on them constitute an offer that the customer accepted when they took the
goods off the shelves. If they were then the contract of sale was formed at this point and was
therefore ‘unsupervised’.
Advise John and cite an example of relevant case law
10. i. Differentiate between discharge of contract and termination of the contract.

ii. Discuss discharge of contract through performance
11. Under what circumstances may a person who alleges that he has been induced to enter into a
contract by a reason of a misrepresentation have a remedy? What remedies are available?
12. AIKANDE is a UNIVERSITY student studying LLB course. His father PESAMBILI is very
concerned that AIKANDE is not spending enough time studying. PESAMBILI tells AIKANDE that
he will pay him the sum of Tsh200,000/- if he stays home and studies on the weekend until the
exam. Relying on this money being paid, AIKANDE puts a deposit on a motor bike.
Advise AIKANDE whether he can make PESAMBILI pay the money. Give reasons for your answer
and cite an example of a relevant case.
i. What does the term ‘privity of contract’ mean?

ii. Difference between a condition and a warranty
iii. Outline three rules of consideration.
END
FACULTY OF LAW
ANNUAL/SUPPLEMENTARY EXAMINATIONS
DATE: Wednesday, 12 December 2018 TIME: 11:45 – 14:45 HRS
INSTRUCTIONS
 This is ‘TOTALLY CLOSED BOOK EXAMINATION’

 This Examination paper has six questions, you are required to answer Four questions only.
will be penalized.
1. What are historical socio-economic reasons behind the growth and development of contract as institution?
2. A nephew discussed buying a horse from his uncle. He offered to purchase the horse and said if I don't hear
from you by the weekend I will consider him mine. The horse was then sold by mistake at auction. The
auctioneer had been asked not to sell the horse but had forgotten. The uncle commenced proceedings
against the auctioneer for conversion. Is there a valid contract existed between the nephew and the uncle?
Can silence amount to acceptance?
3. Under which circumstances can a minor be bound by the contract even though he or she lacks capacity to
enter the contract? Support your answers with relevant authorities.
4. Write short but comprehensive notes on the following:

a. Consensus ad idem
b. Nemo dat quod non habet
c. Quid pro quo
5. Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted,
the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract.
However, such offer of performance which has been refused must meet the legal conditions. Describe those
conditions in the support of relevant authorities.
6. Where there is right there is remedy. Discuss this statement with relevant authorities
END
FACULTY OF LAW
INSTRUCTIONS
 This is ‘TOTALLY CLOSED BOOK EXAMINATION’

 This Examination paper has six questions; you are required to answer four questions only.
will be penalized.
1. Describe with authorities the sources of the law of contract in Tanzania.

2. Mlimani Home Shopping Centre advertised its modern beds in a local newspaper. The newspaper
mistakenly advertised the beds for 1,000,000 TSHS instead of 2,000,000 TSHS. Must Mlimani Home
Shopping Centre sell the beds at the advertised price? Explain with the relevant examples.
3. Describe the factors that vitiate the competence of parties to enter into a contract.
4. A husband promised to make maintenance payments to his estranged wife but failed to do so. The wife
brought an action to enforce the promise invoking promissory estoppel. Using authorities discuss whether
this action will succeed or not.
5. Write short notes on the following
a. Tender of Performance
b. Partial performance
c. Satisfactory performance
d. Substantial performance.
6. What is specific performance? Under which can circumstances specific performance be awarded?
END
FACULTY OF LAW

DATE: Friday, 24 May 2019 TIME: 15:30 – 18:30 HRS
INSTRUCTIONS

1. With legal authorities, what are the differences between the offer and invitation to treat?
2. The doctrine of privity of contract provides that only a party to a contract has standing to sue to
enforce it, even if the contract confers benefits on others in some fashion. What are exceptions to
this statement?
3. Mzee Salimu enters into contract with Mr. Maganga who lives near Ngorongoro National Park. Mr.
Maganga agrees to poach for Mzee Salimu in a game reserve for payment of two hundred
thousand shillings Mr Maganga fullfills the promise made to Mzee Salimu and demands payment
for the job done. Mzee Salimu refuses to pay him. Mr. Maganga wants to take Mzee Salimu to the
court. Will he succeed on his intention? What legal advises would you give him and why?
4. What are written contracts? Why some contracts need to be written? Support your reasons with
vivid examples.
5. Kalunde agreed by contract to play the drums for the Malaika Music band for 7 nights per week for
5 years. Kalunde suffered a mental breakdown and was told by his doctor that he should not
perform more than 4 nights per week. The band dismissed him. Was the contract frustrated? Opine
legalistically.
6. Write short notes on the following: -
a. Rescission
b. Restituo integrum
c. Specific Performance
d. Injunction
END
OLW 104: LEGAL METHODS
FACULTY OF LAW
DATE: Tuesday, 03 July 2018 TIME: 15:55 – 17:55 HRS
INSTRUCTIONS
 Attempt any TWO questions

 Write legibly
1. One amongst essential sources of law is case law. From case law different principles and rules may be
developed, established, applied or / and adopted. Using skills obtained in legal method, write short but concise
notes on ‘HOW TO READ A CASE’
2. Discuss any four factors which may influence development of a new rule of law in any legal system
3.
a) What do you understand by the term Sorties?
b) With the help of examples critically comment on the paradigms of sorties
END
FACULTY OF LAW
OLW 104: LEGAL METHOD
MAIN TIMED TEST
DATE: Thursday, 16 May 2019 TIME: 08:30 – 10:30 HRS
INSTRUCTIONS
 Write logically and legibly

 Organize your answer properly
 Support your answer with relevant authorities
 ANSWER TWO QUESTIONS, QUESTION NO ONE IS COMPULSORY
1. Read attached case then write case note
2. Cleary discuss process involved in negotiation method of dispute settlement as envisaged by laws
in Tanzania
3. The subject matter of legal method is to appreciate complexities of legal rules and construction of
arguments. Discuss truthiness of this statement
4. Discuss range of skills required for legal studies
END
ATTACHED CASE:
IN THE COURT OF APPEAL OF TANZANIA
AT DAR ES SALAAM
(CORAM: KILEO, J.A, MASSATI, J.A AND ORIYO, J.A) CIVIL APPEAL
NO. 28 OF 2005
AMI PORT OPERATIONS (T) LIMITED ………………………… APPELLANT VERSUS

THE COMMISSIONER FOR INCOME TAX …………………… RESPONDENT (Appeal from the
judgment and decree of the Tax Appeals Tribunal at Dar es Salaam)
(H.K. Senkoro, VC, A.T. Makenya, and D. Kinabo)
Dated the 9th day of November, 2004

in
Tax Appeal No. 1 of 2000

-------------------------------
ORDER OF THE COURT

MASSATI, J.A.:
When the appeal came up for necessary orders this morning, Mr. Lugano Mwandambo prayed
for adjournment on the ground that he had been served with a preliminary objection that morning,
and needed time to look at the law. When the Court pointed out that the judgment of the tribunal was not
signed by all the members as required by Rule 21 of the Tax Revenue Appeals Tribunal Rules (GN 56
of 2001) the learned counsel said that he had not yet looked at the Rules. Mr. Felix Haule learned
counsel for the Respondent conceded that he had served the Appellant’s counsel with his Notice of
preliminary objection that Morning; and so, Mr. Mwandambo was entitled to some time within which
to prepare himself. On the premises he had no objection to the prayer for adjournment.
Rule 100 of the Court of Appeal Rules, 1979 requires a notice of preliminary objection to
be given within a reasonable time. We thought that the service of the notice of the preliminary objection
to the Appellant, was not made within a reasonable time. So we granted time to Mr. Mwandambo up
to 12:30 pm.
When the Court resumed as ordered, Mr. Mwandambo readily conceded that the judgment was
not signed by one of the members. To that extent, it was defective. That rendered the record of appeal
defective. He prayed that the appeal be struck out with no order as to costs. Mr. Haule, on the other
hand, also conceded that the judgment was defective, but prayed that as he had done some research
and raised a preliminary objection, he was entitled to costs, unless the Court, in its discretion
orders otherwise.
The present appeal emanates form the Tax Appeals Act (Cap 408 RE
2002). Under the Act, appeals from the Tax Appeals Board to the Tax Appeals Tribunal are governed by
the Tax Revenue Appeals Tribunal Rules (GN 56/2001) Under Rule 24 (3) such appeals are governed by
the Court of Appeal Rules 1979, mutatis mutandis. Under Rule 89 (2) of the Court of Appeal Rules (which
governs the present appeal) one of the essential documents that has to be contained in the record of
appeal is
(iv) judgment or Order.
In this case the record of appeal contains a copy of the judgment of the
Tribunal. Rule 21 of the Appeals Tribunal Rules, however, provides:
21. “After conclusion of the hearing of the evidence and submissions of the parties the Tribunal
shall, as soon as practicable make a decision in the advocates, or representatives ad shall cause a copy
duly signed and certified, by the members of the Tribunal which heard the appeal to be served on each
party to the proceeding.”
The law therefore dictates that members of the Tribunal that heard the appeal, not only to sign
but also certify the copy of the decision.
In the present case, the Tribunal was comprised of three members. However its
judgment dated 9th November, 2004 was signed only by two of them. Furthermore, it was not
certified by them, but by the Registrar contrary to the provisions of that rule. We think that this was a
defect that affected the validity of the copy of the judgment in the record of appeal. On the premises,
the record of appeal is defective. To that extent, the appeal is also incompetent. So we have no option
but to strike it out as we hereby do.
Since the matter was disposed on a point raised by the Court we make no order as to costs.
DATED at DAR ES SALAAM this 15th day of January, 2010.
E.A. KILEO
JUSTICE OF APPEAL
S.A. MASSATI
JUSTICE OF APPEAL
K.K. ORIYO
FACULTY OF LAW
DATE: Tuesday, 10 July 2018 TIME: 15:30 – 18:30 HRS

INSTRUCTIONS
 This examination paper has SIX questions

 Answer ANY FOUR questions only
 This is strictly CLOSED BOOK examination as such students are not allowed to enter into examination room
with any materials of whatever kind and make
1. Critically discuss the main factors for the development of a new or extinguish existing precedents in
any legal system.
2. Discuss the main sources of law in Tanzania.
3. (a) What is legal reasoning?
(b) With vivid examples explain the main differences between deductive and inductive reasoning.
4. With the help of statutory provisions and case laws critically discuss the status of customary and
Islamic law in Tanzania.
5. With illustrations from any legal instruments critically discuss the intrinsic and extrinsic aids to
statutory construction.
6. Write short notice on each of the following legal terms
a) Litigation process
b) A Bill
c) Ratification of a treaty
END
FACULTY OF LAW
SPECIAL ANNUAL/SUPPLEMENTARY EXAMINATION
DATE: Monday, 28 January 2019 TIME: 15:30 – 18:30 HRS
INSTRUCTIONS
 This is closed book examination
 ANSWER FOUR QUESTIONS, QUESTION NO ONE IS COMPULSORY
1. Write case note from attached judgement
2. The law, without equity, though hard and disagreeable, is much more desirable for the public good
than equity without law; which would make every judge a legislator, and introduce most infinite
confusion; as there would then be almost as many different rules of action laid down in our courts,
as there are differences of capacity and sentiment in the human mind. The situation could worsen
more in absence of rules to guide judge not to bypass the limit of adjudicating power vested to
them by the law. Discuss
3. The rationale of reading cases in pursuing legal studies intending to expose lawyers in various
legal perspectives which otherwise they would not be able to get in ordinary way of reading books
and various text. Discuss validity of this statement
4. With the aid of illustrations, critically discuss how judges deploy approach to legal reasoning in the
courts of Tanzania
5. There are assumptions of the political element in judges reasoning and judicial decision-making, a
range of features may take part into play when a judge is deciding whether it is suitable to extend
or expand the law by means of sensible judicial decision making. How far the statement is true in
regard to the principles of statutory interpretation
6. Critically discuss how secondary sources may influence a legal decision but do not have the
controlling or binding authority of primary sources.
END
FACULTY OF LAW

INSTRUCTIONS
 This is closed book examination
 ANSWER FOUR QUESTIONS, QUESTION NO ONE IS COMPULSORY
1. Read attached case carefully then write a case note
2. Under the rule of law the judiciary is articulated to deliver their judgments in entirely fair and
reasonable manner as well as by applying the rules of law in the decision making process they, do
not allow any kind of personal preference or intervention when they decide a case. Explain truth or
otherwise in the light of rules of statutory interpretation as applied by judges
3. In the case of Fisher v Bell 1961 the restriction of offensive weapon Act 1959 made it an offence to
‘offer for sale’, certain offensive weapons including ‘flick knives’. James Bell a Bristol shopkeeper
has, displayed a knife of the same kind in the shop front window with a label saying ‘Ejector Knife’;
he was charged by the police authority for displaying illegal weapon for sale. Applying principle of
statutory interpretation could James be liable under the Act? Give reasons
4. Reading a case is tricky. Don’t feel at all bad about simply flicking over pages when reading a
case. What other important matters to consider when reading a case ?
5. There is contention positioned that non adversarial system of dispute settlement and other form of
dispute settlement based the fact judges utilize reasoning to arrive at judgenment. Also, Evidence
Act doesn’t apply to this system of dispute settlement. Is this assertion true? Justify
6. The law enacted “that whoever drew blood in the streets should be punished with the utmost
severity,” was held after long debate not to extend to the surgeon who opened the vein of a person
that fell down in the street with a fit. What is the context of the interpretation of the law to this
situation?
END
ATTACHED CASE
Lawrence Mtefu v. Germana Mtefu
IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT

REGISTRY )
AT DAR ES SALAAM CIVIL APPEAL NO. 214 OF 2000
(Appeal from the judgment and decree of the District Court of Ilala at
Samora Avenue, Dar es Salaam in Matrimonial
Cause No. 6 of 1995)
LAWRENCE MTEFU …………….…...........……. APPELLANT VERSUS

GERMANA MTEFU ……………………......….. RESPONDENT JUDGMENT
KIMARO, J.
This is an appeal which was heard by my Sister Judge – The Late Muro. Unfortunately, she
passed away before preparing the judgment. Fortunately however, she had ordered the hearing to
proceed by way of written submissions. Mr. F. Mbuya, the learned Advocate appearing for the appellant
and the respondent with the assistance of the Women Legal Aid Centre have complied.
The parties were united by a Christian marriage contracted in 1979. It was dissolved on the ground of
adultery and cruelty allegedly committed by the appellant. The matrimonial proceedings were initiated
by the respondent. Consequent to the granting of the divorce, the trial magistrate ordered division of three
houses equally among the parties together with sixteen sewing machines. An order for maintenance at
Tshs 10,000 per month effective from the date the case was filed was also made. The appellant was
aggrieved by the decision of the trial court. It is now being challenged. There are four grounds of appeal.
In the first and second ground, the decision of the trial court is faulted for an error in law and
fact for holding that the marriage was irreparably broken on an account of adultery committed by the
appellant while the respondent had condoned it and also for holding that the appellant was cruel.
Regarding the third and fourth grounds, the trial magistrate is faulted for having erred in law in
ordering the appellant to pay the respondent maintenance at Tshs 10,000/- per month without
ascertaining the appellant’s income and for ordering equal distribution of all houses and sixteen sewing
machines.
During the trial, the appellant did concede having resided with one Domina Lawrence Msoka for
years in adulterious association. Mr. Mbuya’s submission is that the issue of adultery should not have
formed a ground for breaking the marriage because the respondent had been aware of it since 1983 but
she did not complain. This means that she condoned it. Mr. Mbuya said the respondent went to the
extent of even facilitating the adultery by taking care of Domina and her children fathered by the
appellant. The respondent on the other hand refuted having condoned the adultery and denied having
been aware that the appellant was committing adultery with the said Domina. According to the
respondent, Domina is a close relative. She is her niece.
The first ground of appeal has no merit. Given the close relationship between the respondent and
the said Domina, it was hard for the respondent to suspect the adulterious relationship between the
appellant and Domina. If she had condoned the relationship, there was no reason for the respondent
to complain before the elders about the adulterious relationship between the appellant and Domina.
The complaint by the respondent signifies that she never condoned the behavior. It is on record that the
parties had a Christian marriage. A Christian marriage is a union of one man and one woman. The
relationship lasts forever. It is ridiculous and indeed absurd for the appellant to justify the adultery and
then claim that the respondent never protested it. The type of the marriage which appellant had with
the respondent, is in itself an answer that adultery was prohibited. He cannot now justify it while he
himself knew that it was prohibited. Since the adultery was admitted by the appellant and given the
circumstances under which it was committed, the trial magistrate held, quite correctly that it was one of the
ground which broke the marriage. It is also on record that a protest by the respondent against the
adulterous association between the appellant and the said Domina, led her being arrested and
detained at a police station for three days. The appellant was not bothered by the arrest. It was one Siril
Martin who bailed her out.
As for the second ground of appeal, there is no reason for wasting time. The ground has no merit.
There is abundant evidence that the appellant was cruel. First and foremost, the act of committing
adultery with the respondent’s niece w as in itself cruelty. It caused a lot of mental torture on the
respondent. There was also evidence that the respondent was arrested and detained at the police
station at the instance of the appellant. For three days the respondent remained in police custody and
the appellant did nothing. The worst side of the whole matter is the fact that the arrest was prompted by
the respondent’s protest against the adultery. Given this analysis I find Mr. Mbuya’s submission evasive of
the real question. His submissions is a reflection of the stereo types where a man would never admit a
wrong. The wrong is given an interpretation which shows that it is the woman who has to be blamed for
a wrong committed by the man. Mr. Mbuya has also submitted that the respondent failed to prove that
the appellant did not maintain the respondent. I do not quite agree with Mr. Mbuya. If the appellant says
that he was maintaining the respondent then he should have shown how much he was supplying. But
whether the appellant was supplying maintenance or not the fact remains he was cruel to the
respondent particularly in his adulterous association with the said Domina Msoka who was a very close
relative of the respondent. The association made the respondent suffer mental torture. It was sufficient
cruelty to break the marriage. The respondent did testify that the appellant sent her home since 1981 and
no maintenance was sent to her.
The third ground of appeal is that the assessment of maintenance at Tshs

10,000/= per month was arbitrary and was made without ascertaining the appellant’s means of
income. The case of Jereme Chilumba Vs Anna Adamu [1989] T.L.R. 117 was cited in support of the
argument.
Indeed the law regarding assessment of maintenance is as per Mr. Mbuya’s submission that the
assessment must be based on the income of the person who is ordered to pay maintenance. However, in
the circumstances of the case, it cannot be said that the assessment is high. The respondent gave
evidence that the appellant is an employee of the bank. He has a grindingmill. He has sixteen sewing
machines and one half acres of coffee estate. For a person with such properties an amount of Tshs
10,000/- cannot be said to be high. The income realized from such property can enable him pay the
amount of maintenance ordered by the court.
The last ground of appeal is on the division of the matrimonial assets. The submissions by Mr.
Mbuya is that according to Chagga custom, the respondent should not have been given a share in
the two houses built in Moshi because they are built on a clan land. It is not allowed to alienate such
property. Mr. Mbuya said this is the spirit in section 114(2) of the Law of Marriage Act, 1971 which
requires the court to put into consideration the custom of the community to which the parties belong.
Regarding other properties that is the house at Tandika and the sewing machines, Mr. Mbuya
submitted that the respondent was an unemployed house wife who earned no income and could not
contribute anything in terms of money or property towards the construction of the house. That the only
contribution made is “house keeping” which amounts to a purely conjugal obligation which does not entitle
the applicant to the division of the house in Tandika. As for the sewing machines, the submission was
that they were acquired before the marriage and therefore the respondent never contributed towards their
acquisition.
The submission by Mr. Mbuya to say the least, is a clear reflection of the violence and discrimination
which a woman has lived with in the society for years. Services by women which require recognition
and compensation are termed conjugal obligations on the part of the woman. This is so even where they
are not reciprocated and the woman ends up in being exploited and a looser. In this case the
respondent did testify of being sent to Moshi to take care of the appellants grandmother who was old.
She stayed with her until her death. She also used to take care of the appellants “kihamba’s and cows”
and the income was used for the development of the houses in Moshi. Definitely the respondent made
contributions towards acquisition of the properties.
The case of Bi Hawa Mohamed recognizes housekeeping as services requiring compensation. As

was observed by the Court of Appeal, the rendering of such services make the other spouse stable and
enhances the ability to concentrate on development of properties.
From the submission made by Mr. F. Mbuya, he appears to suggest that despite the years the
respondent spent in the matrimonial life with the appellant, she should leave bare handed and leave
the appellant with all the properties at Moshi and Dar es salaam. That on the years she spent with the
appellant, she was fulfilling her conjugal obligation how was this obligation reciprocated? Commission of
adultery by the appellant and being thrown out without anything?
Will such a decision be fair? With greatest respect to Mr. Mbuya such a decision will be discriminatory.
The Constitution of the United Republic of Tanzania 1977 Article 13(1), bars discrimination. All persons are
required to be protected equally before the law.
Article 9(f ) of the Constitution requires State Authorities and all its agencies to direct their policies
and programs towards ensuring that the human dignity is preserved in accordance with the Universal
Declaration of Human Rights which is the source of human rights law. This means that policies and
programs of the courts must be geared towards ensuring preservation of human dignity.
While the Convention on the Elimination of all Forms of Discrimination Against Women was ratified by
Tanzania since 17th July, 1980, Article 15 requires State Parties to accord women equality with men
before the law. The women should not be discriminated simply because of being women.
Since there was evidence that the respondent did contribute towards the acquisition of the properties, it
was not wrong for the trial magistrate to grant her a division in the matrimonial properties. The only
thing which I fear may make the respondent fail to get the remedy, is the grant of the division in the
houses at Moshi. Customary rites may be an obstacle toward realization of what was granted to her. Under
such circumstances I quash and set aside the order of the trial court on the division of matrimonial
assets. Instead, I will replace it with an order that the respondent is given the house at Tandika as
her share in the matrimonial assets. The appellant to remain with all other properties. In this way the
remedy to the respondent will be more effective than the remedy granted to her by trial court. The appeal
is dismissed.
No order for costs. Each party to bear own costs.

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LAW TESTS AND FINALS

OLW 101: CONSTITUTION AND LEGAL SYSTEM OF EAST AFRICA

OLW 101: CONSTITUTION AND LEGAL SYSTEM OF EAST AFRICA

SPECIAL MAIN TIMED TEST

DATE: Monday, 02 July 2018 TIME: 13:40 – 15:40 HRS

 This examination paper has FOUR questions

4. Write short notes on the following,

OLW 101: CONSTITUTION AND LEGAL SYSTEM OF EAST AFRICA

MAIN TIMED TEST

DATE: Monday, 13 May 2019 TIME: 08:30 – 10:30 HRS

 This examination paper has FOUR questions

(i) Define constitutional law

(ii) Importance of having a constitution in a country

THE OPEN UNIVERSITY OF TANZANIA

OLW 101: CONSTITUTIONS AND LEGAL SYSTEMS OF EAST AFRICA

ANNUAL/SUPPLEMENTARY EXAMINATION (ODEX)

DATE: Friday, 22 September 2017 TIME: 11:45 – 14:45 HRS

 This paper has SIX questions.

5. Write short notes on the following;

DATE: Wednesday, 11 July 2018 TIME: 15:30 – 18:30 HRS

THE OPEN UNIVERSITY OF TANZANIA

DATE: Wednesday, 22 May 2019 TIME: 08:30 – 11:30 HRS

 This paper has SIX questions.

OLW 102: CRIMINAL LAW AND PROCEDURE

OLW 102: CRIMINAL LAW AND PROCEDURE

MAIN TIMED TEST (ODEX)

DATE: Wednesday, 13 September 2017 TIME: 08:30 – 10:30 HRS

 The paper contains only Four questions

time is a source of Criminal Law and Procedure in Tanzania.

3. Discuss the main differences between inquisitorial and adversarial system.

4. Write short notes on the following:

b) Parties to an offence in Tanzania

OLW 102: CRIMINAL LAW AND PROCEDURE

SPECIAL MAIN TIMED TEST

DATE: Tuesday, 31 May 2016 TIME: 15:55 – 17:55 HRS

 The paper contains only Four questions

5. Write short notes on the following:

THE OPEN UNIVERSITY OF TANZANIA

 The paper contains only Four questions

THE OPEN UNIVERSITY OF TANZANIA

OLW 102: CRIMINAL LAW AND PROCEDURE

MAIN TIMED TEST

DATE: Tuesday, 14 May 2019 TIME: 08:30 – 10:30 HRS

 The paper contains only Four questions

1. a) Define the term omission as used in criminal law.

2. Critically discuss different sources of criminal law in Tanzania.

DATE: Friday, 22 September 2017 TIME: 11:45 – 14:45 HRS

1. Write short notes on the following:

(a) Original jurisdiction

(c) Extended jurisdiction

(d) Concurrent jurisdiction

(e) Exclusive jurisdiction

2. (a) What do you understand by the term 'habeas corpus’?

3. (a) How are criminal proceedings commenced?

(b) What do you understand by Consent judgement?

(a)What charge will Makwaya stand for in court?

(c) Which court would hear committal proceedings and why?

(d) What can be the defences for Mr. Makwaya?

(e) Will Makwaya succeed? Why?

5. (a) What is a judgement?

(b) What are the contents of a good judgement?

(c)What other pleas can an accused enter?