Court of Appeal of Tanzania Decisions: Recent submissions
Now showing items 21-40 of 71
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Kisanga Tumainiel Vs Frank Pieper &Travelers’ lodge limited Respondents, Civil Appeal case no. 139 Of 2008, In The Court Of Appeal Of Tanzania At Dar Es Salaam, [Unreported] Pp.8-11 (Coram: Luanda, J.A., Mussa, J. A. And Mugasha, J. A.)
(THE COURT OF APPEAL OF TANZANIA, 2016-01-25)That was not proper as a party cannot take up new plea or new contention in appeal, unless, it is pleaded in the plaint or written statement of defence Since the first appellate High Court adjudicated on an issue which ... -
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.
(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 ... -
Shabir Tayabali Essaji Vs Farida Seifudin Essaji, Civil Appeal No. 180 Of 2017, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 6-11 (Coram: Mussa. J.A. Mkuye, J.A., And Wambali. J.A
(THE COURT OF APPEAL OF TANZANIA, 2018-09-08)Rule 90(1) of the Rules which governs institution of appeals to this Court requires the appeal to be lodged within sixty days from the date when the notice of appeal is lodged. It also provides for the Registrar of the ... -
Ichobe Korongwe Vs Masarange Moremi, Civil Appeal No.162 Of 2016, In The Court Of Appeal Of Tanzania At Mwanza, Pp 8-11 (Coram: Juma. Cj., Mwarija. J.A. And Mugasha, J.A.
(The Court of Appeal Tanzania, 2018-10-02)Under Rule 90(1) of the Tanzania Court of Appeals Rules, 2009, (the Rules), an appeal must be instituted within sixty days from the date of judgment of a notice of appeal. -
John Paul Shibuda &Tanzania international Agri Input Co-Lto Applicants Vs Nordox Industries As Responoent, Civil Application No. 171 Of 2015, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 8-11 (Coram: Kimaro,J.A., Massati,J.A., And Mugasha,J.A.)
(The Court of Appeal Tanzania, 2015-11-17)i. The Court of Appeal is not an executing Court. Modes of execution are provided for under the Civil Procedure Code. ii. Under Rule 120 (1) of the Court Rules, for any civil appeal, the appellant is required to deposit ... -
Future Century Ltd Vs Tanesco, Civil Appeal No.05 Of 2009, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 12-15 (Coram: Kimaro, J.A., Oriyo,J.A. And Kaijage, J.A.)
(The Court of Appeal Tanzania, 2016-02-04)The principle of law established by the Court is that the appellant is entitled to have the evidence re-evaluated by the first appellant .court and give its own findings.It was the responsibility of the appellant to bring ... -
Alex Lwabwina Versus Bp Tanzania Limited, Civil Appeal No. 02 Of 2016.
(The Court of Appeal Tanzania, 2019-06-18)Notice of appeal lodged before the Court must comply with the period of limitation prescribed under Rule 83 (2) of the Rules. The Court cannot entertain an appeal which has been lodged out of time, while no extension of ... -
Consolidated Civil Appeal No. 78 Of 2018 & No. 79 Of 2018 Commissioner General Tanzania Revenue Authority. Versus Atomredmetzoloto(ARMZ)
(The Court of Appeal Tanzania, 2019-04-16)Failure to include written submission in record of appeal.Incomplete records of appeal -
Kapapa Kumpindi Vs The Plant Mnanager, TBL, Civil Appeal No 32 OF 2010.
(2012-05-31)New issue may be introduced in any time before composing judgement but parties must be heard. Court has to decide on ground brought before it on appeal not other things which were not addressed -
Mohamed Msangi & others Versus Charles Oden Mwahihola Civil Appeal No.71 of 2015 Court of Appeal of Tanzania at Dar es Salaam.
(Court of Appeal of Tanzania, 2018-10-25)Appeal-failure to attach copy of the written statement of Defense in the record of Appeal render the Appeal incompetent. The appellant was not in any way allowed in his own accord to decide to exclude the plaint from the ... -
Mondorosi Village Council and Others versus Tanzania brewaries limited and others Civil Appeal No.66 of 2017Court of Appeal of Tznzaia at Arusha.
(The Court of Appeal Tanzania, 2018-12-13)Appeal-failure to attach letter of the Application of the proceedings of the lower court on the record of Appeal-it is fatal Rule (91(1) (k) of the Court of Appeals Rules. failure to attach letter of the Application of ... -
Ignazio Messina Vs. Willow Investment SPRL, Civil Application No. 21 OF 2001
(THE COURT OF APPEAL OF TANZANIA, 2002-02-27)Rules on Affidavit. Affidavit which is tainted with untruth statement -
Commissioner General Tra Vs RogersMhina &Another, Civil Application No.135 Of 2014, In The Court Of Appeal Of Tanzania At Dar Es Salaam, (Unreported) Pg. 4-7 Coram: Luanda, J.A
(THE COURT OF APPEAL OF TANZANIA, 2015-03-23)The source of information must be disclosed in this case it is not shown where the source of the information come from, for that matter the source of all information must be disclosed.It is a trite law that Affidavit being ... -
Bruno Wenceslaus Nyalifa Vs The Permanent Secretary And 2others, Civil Appeal No.82 Of 2017, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp-8-9
(THE COURT OF APPEAL OF TANZANIA, 2018-12-13)We find further that the documents which were annexed to the Appellant’s affidavit should not have been disregarded on the ground that they were not tendered in evidence. This is for obvious reason that, affidavit is ... -
Chadha & Company Advocates vs. Arunaben Chaggan Chhita Mistry and 2 Others Civil Application No. 25 of 2013
(THE COURT OF APPEAL OF TANZANIA, 2017-05-20)The affidavit must be verified by the deponent on what is true based on knowledge, belief or information whose source must be disclosed in the verification clause of the affidavit. Page 9 Where the offensive paragraphs ... -
J.A.,Chiriko Haruni David vs. Kangi Alphaxard Lugola, Civil Appeal No. 36 of 2012, Court of Appeal at Mwanza.
(THE COURT OF APPEAL OF TANZANIA, 2017-05-17)Abuse of court process. Review without formal application. Consequence of appeal when time barred -
Madam Mary Silvanus Qoro vs. Edith Donath Kweka & Another, Civil Appeal No. 106 of 2016
(THE COURT OF APPEAL OF TANZANIA, 2019-04-04)Issue of locust stand in Civil cases Applicability of principle of adverse possession/ long use and the cherished principle of civil litigation that parties are bound by their pleadings. Procedure for transfer of the ... -
Registered Trustees of Holy Spirit Sisters Tanzania Versus January Kamili Shayo and 136 Others, Civil Appeal No. 193 Of 2016
(THE COURT OF APPEAL OF TANZANIA, 2018-08-08)Permission or consensual occupation is not adverse possession. Adverse possession is occupation inconsistent with the title of the true owner, that is, inconsistent with and in denial of the right of the true owner of the ... -
Dpp Vs Faruku Mushenga,Civil Appeal No.04 of 2015, In The Court Of Appeal Of Tanzania At Bukoba, P8 (Coram: Mkuye,J.A
(THE COURT OF APPEAL OF TANZANIA, 2015-02-17)The requirement to indicate the name of of attesting officer attested in the jurat of attestation is a good law and a mandatory requirementIt is not enough for attesting officer to just sign and impress a rubber stamp thereat -
Asha Seif 7 Others versus Nada Panga Civil Application No. 429/12 of 2016 Court of Appeal of Tanzania Tanga, Mbarouk, Mwarija and Mwangesi J,A.
(THE COURT OF APPEAL OF TANZANIA, 2018-04-25)Affidavit-defective Affidavit-the affidavit in support of the notice of motion has been affirmed by one applicant only, while there are three applicants- the notices of motion by the other two have not been supported by ...
