Browsing Court of Appeal of Tanzania by Title

1. MUSSA JOSEPH KUMILI 2. EDWIN FAUSTINE SAMIKE VS. M/S AUSDRILL TANZANIA LIMITED.

JUSTICE OF APPEAL, KILEO, J.A.:; JUSTICE OF APPEAL, WAMBURA, J. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2014-08-07)

The application before us has its genesis in a labor matter which was decided on 27/09/2013 in the Labor Division of the High Court whereby Wambura, J.decreed the present respondents to pay the applicants 12 months’ salary ...

ABBAS ALLY ATHUMAN BANTULAKI AND ANOTHER VS. KELVIN VICTOR MAHITY (Administrator of the Estate of the late PETER WALCHER)CIVIL APPEAL NO. 385 OF 2019.

LILA, KITUSI, J.A., And MASHAKA, J.A. J.A.. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-16)

Held; i. Administrator’s actions are bound to be for the benefit of the rightful heirs and are precluded from embezzling in any way misapplying the deceased estate. ii. A requirement to appoint an administrator of the ...

ABDALLAH MBARAKA NAHDI VS. MANSOUR INDUSTRIES LTD.

JUSTICE OF APPEAL, MWAMBEGELE, J.A.; JUSTICE OF APPEAL, MBAROUK,J.A., MKUYE, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-02-20)

Against this appeal filed by Abdallah Mbaraka Nahdi, the respondent, through Mr. Constantine Mutalemwa of a Law Firm going by the name Mutalemwa & Co.Advocates, lodged a notice of preliminary objection. The preliminary ...

ABDALLAH MOHAMED VS. SUPA FOOD CORPORATION LIMITED

CORAM:NSEKELA, J.A., KIMARO,J.A., And MBAROUK, J.A. (THE COURT OF APPEAL OF TANZANIA, 2011-02-14)

Under the circumstances, we are in respectful agreement with both the learned advocates for the parties, who are incidentally the same in both the civil appeal and civil application, that the hearing of the civil appeal ...

ABDALLAH THABIT HUWEL VS. THE REGISTERED TRUSTEES OF MOVIMENTO POPULAR DE LIBERTACAO DE ANGOLA (MPLA) AND 4 OTHERS. CIVIL APPLICATION NO. 562/17 OF 2018

NDIKA, FIKIRINI. J.A.. And KIHWELO. J.A. J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)

Held; 1. The Chief Justice has power to initiate revisional proceedings under Section 4(3) of the Appellate Jurisdiction Act, [Cap 141 R.E 2019], 2. The revisional proceedings initiated by the Court suo motto is not ...

Abdi M. Kipoto Versus Chief Arthur Mtoi, Civil Appeal No. 75 Of 2017

CORAM: MZIRAY, J.A., MWAMBEGELE, J.A., And KEREFU, J.A.) (THE COURT OF APPEAL OF TANZANIA, 2020-02-28)

Village Land is abandoned if it is not used for five years since allocation, or rent, tax or dues have not been paid

ABDUL IBRAHIM VS. AYUBU MWALEMBA AND ANOTHER. CIVIL APPLICATION NO. 642/06 OF 2021

RUMANYIKA, J.A.: (THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-10-05)

HELD: 1. With great respect, the preliminary objection which concerns with time bar to the present application is misconceived. Frankly speaking, I did not understand if Mr. Mwanri meant it that, an application for extension ...

ABDUL IBRAHIM VS. AYUBU MWALEMBA AND THE REGISTERED TRUSTEE OF BAKWATA CIVIL APPLICATION NO. 642/06 OF 2021.

RUMANYIKA, KARAYEMAHA, J.A J.A. (THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-10-05)

1.With great respect, the preliminary objection which concerns with time bar to the present application is misconceived. Frankly speaking, I did not understand if Mr. Mwanri meant it that, an application for extension of ...

Abdulrzack Omary Laizer And Another Vs Maria Idd, Civil Application No.28 Of 2014, In The Court Of Appeal Of Tanzania At Arusha, [Unreported] Pp 4-7 (Coram: Mjasiri. J.A. Kailage, J.A. And Mussa, J.A.

Mjasiri. J.A. Kaijage, , J.A. And Mussa, J.A.) (THE COURT OF APPEAL OF TANZANIA, 2015-02-16)

That rule 4(2) (a) of the Rules could validly be resorted to in situations for which no provision is made under the Rules.An intending appellant shall, before, or within fourteen days after lodging a notice of appeal, serve ...

ABSA BANK TANZANIA LIMITED (FORMERLY KNOWN AS BARCLAYS BANK TANZANIA LTD AND ANOTHER VS. HJORDIS FAMMESTAD.

JUSTICE OF APPEAL, KOROSSO, J.A.:; JUSTICE OF APPEAL, MKUYE, J.A., KIHWELO, J.A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2021-10-01)

Hjordis Fammestad, the respondent herein, successfully sued the appellants vide Commercial Case No.6 of 2018, claiming for payment of USD 335,121.59 being the amount withdrawn allegedly without her authorization plus ...

ADROFU FULGENSI MFUNYA V.S JUMA HEREYE AND 2 ANOTHERS.

JUSTICE OF APPEAL, GALEBA, J.A.; JUMA, MKUYE, J.A. C.J (THE COURT OF APPEAL OF TANZANIA, KIGOMA., 2021-07-01)

The appellant, Adolf Fulgensi Mfunya successfully sued Juma Hereye and Sospita Mpoma, the first and second respondents respectively, in the District Land and Housing Tribunal for Kigoma at Kigoma (the DLHT) in Land Application ...

ADVATECH OFFICE SUPPLIES LIMITED VS. MS. FARHIA ABDULLAH NOOR BOLSTO AND SOLUTIONS LIMITED.

JUSTICE OF APPEAL, MWAMBEGELE, J.A.:; JUSTICE OF APPEAL, LUANDA, J.A., MZIRAY, J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-11-07)

By Notice of Motion, the applicant Advatech Office Supplies Limited filed the present application seeking, inter alia, an order of this Court compelling the respondent to deposit security for costs to the tune of USD ...

AFRICAN BANKING CORPORATION (T) LIMITED VS. GEORGE WILLIAMSON LIMITED.

JUSTICE OF APPEAL., KITUSI J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-05-14)

African Banking Corporation (T) Limited, the applicant, lost in Civil Case No 90 of 2011 before the High Court of Tanzania at Dar es Salaam and was adjudged to pay to the respondent USD 2,000,000.00 as general damages and ...

AFRICAN TROPHY HUNTING TANZANIA LIMITED VS. THE HONORABLE THE ATTORNEY GENERAL.

JUSTICE OF APPEAL, MSOFFE, J.A.:; JUSTICE OF APPEAL, KAJI, J. A, RUTAKANGWA, J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-06-14)

On 11/11/1999 the High Court (Bubeshi, J.) declined to grant the respondent an extension of time to file a defence to a counter claim and accordingly made an order for the appellant Company to prove its case exparte. ...

Agrey Sapali Vs Mkuu Wa Chuo Cha Must- Civil Appeal No.153/2015

Kimaro, J.A., Mugasha, J.A., And Mziray, J.A. (THE COURT OF APPEAL OF TANZANIA, 2016-04-11)

Appeal originating from CMA not constituting CMA documents in the records of Appeal is incompetent hence struck out.

Airport Service Charge Act

(Chapter 365) (2019-11-30)

An Act to impose a charge upon passengers on embarking Aircraft at Airports

AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED CIVIL APPEAL NO. 206 OF 2017

LILA, KOROSSO, J.A. AND KENTE, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-12-13)

It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to say, Order ...

AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED CIVIL APPEAL NO. 206 OF 2017

LILA, KOROSSO, J.A. AND KENTE, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-12-13)

(i) It is a settled position that, upon filing an amended plaint, the original plaint ceases to exist. The same applies when a Written Statement of Defence is filed inferring the end of the original. (ii)Suffice to say, ...

AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED CIVIL APPEAL NO. 206 OF 2017.

LILA. J.A., KOROSSO, J.A. AND KENTE, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-12-13)

(i). It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to say, ...

AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED. CIVIL APPEAL NO. 206 OF 2017

LILA. J.A., KOROSSO. J.A., And KENTE. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-12-13)

Held (i). It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to ...