Juris

In this case the accused failed to take care of the deceased child who was in his custody and who was suffering from cold . As a resultant exposure to cold hastened the death of the deceased. The court Held: Mzanva. J ( As he was then was) the accused was found of being guilty of manslaughter within the meaning of 203 of the penal code. He observed that for a person to be guilty of manslaughter by negligence there must be a proof of that he had duty of care , that he failed to discharge thereby causing the death of the deceased. So from this principle that led to the development pf law of ngligence is that breach of duty is a crime.

R V. PALAMAMBA FUNDIKIRA (1947) EACA 96 In this case a trial by ordeal was conducted to discover who has by witchcraft caused the death of 11 children of the first appellant. Four women were accused as the causative of death of the children and to prove their innocence they were subjected to a tradition test of drinking a tradition medicine called MWAVI. By itself mwavi is not a poison but once taken by a person with an evil mind it becomes a poison. Upon taking upon taking two women died and other two vomited.

TORGINDI V. MUTSWENI  In this case Torgindi accused Mutsweni as a causative of his marriage breakdown and as a result the dispute arose and the drumming arose. Each part was ordered to compose and sang a song as loud as he could so that the village could hear. Mutsweni was not a good composer he ordered a person to compose for him the drumming started and went for 3 weeks everyday.The village elders then opine if the drumming continues it would end up to a fight so the parties were called to prepare and sing a song before the village elders.