Browsing Appeals by Title

Now showing items 1-20 of 183

    • 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 ...

    • 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 ...

    • 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. ...

    • ALISEO PETER NDITI VS. KCB BANK TANZANIA LTD 

      JUSTICE OF APPEAL, MWANGESI, J.A.:; MWARIJA, MUSSA, J.A., J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-03-21)
      The appellant herein was the defendant in Commercial Case No.41 of 2013 wherein, a summary suit in terms of Order XXXV of the Civil Procedure Code Act, Cap 33 R.E 2002 (the Civil Code), was preferred against him by ...

    • ALl VUAI ALl V.S SUED MZEE SUED. 

      JUSTICE OF APPEAL, MBAROUK, J. A.; MZIRAY. J.A, NDIKA J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2017-11-29)
      When the appeal was called on for hearing, it transpired that the learned advocate for the respondent had earlier on 24-11-2017 filed his notice of preliminary objections.

    • ALLIANCE INSURANCE CORPORATION LTD V.S ALEXANDER FORBES (T) LIMITED. 

      JUSTICE OF APPEAL, MMILLA, J.A.; KWARIKO. J.A., MWANDAMBO, J.A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2020-08-18)
      The applicants, Alliance Insurance Corporation Limited and Alexander Forbes (T) Limited are requesting us to strike out the notice of appeal which was lodged in this Court by the respondent, Richard Nestory Shayo, on account ...

    • AMI TANZANIA LIMITED V.S PROSPER JOSEPH MSELE. 

      JUSTICE OF APPEAL, KWARIKO, J.A.; MUGASHA, KENTE, J.A J.A,, (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-11-10)
      This is an appeal against the decision of the High Court of Tanzania, Commercial Division (Magoiga, J.) sitting at Dar es Salaam (henceforth the trial court) dated the 27th March 2020 in Commercial case No. 84 of 2019 ...

    • AMIE SADICK SANGA V.S NATIONAL BANK OF COMMERCE LIMITED CIVIL APPLICATION NO. 105/17 OF 2021 

      NDIKA, FIKIRINI, J.A. AND KIHWELO, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-14)
      1. The courts reinforced the principle stated in the case of Barclays Bank (T) Ltd. v. Hood Transport Ltd & Another, Civil Application No. 134 of 2014 (unreported) " We need to point out that, in essence; essential steps ...

    • AMINA KARIM JETHA VS. WAKF AND TRUST PROPERTY COMMISSION (As Administrator of the Estate of the late ALl SALIM ALl) 

      JUSTICE OF APPEAL, MBAROUK, J. A.; MZIRAY. J.A, NDIKA J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2017-12-07)
      When the appeal was called on for hearing, it transpired that the learned advocate for the respondent had earlier on 4-7-2017 filed his notice of preliminary objection made under Rule 107 (1) of the Court of Appeal Rules, 2009.

    • ANNA MAKANGA VS. GRACE WOISO. 

      JUSTICE OF APPEAL, KILEO, J.A.:; JUSTICE OF APPEAL, MSOFFE, J.A., KAJI, J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-03-23)
      This reference arises from the decision of a single judge of this Court striking out an application for stay of execution pending appeal to this Court. The respondent, Grace Woiso who appeared in person before us had filed ...

    • ARBOGAST ARSTIDES AND 3 OTHERS VS. ST. JOHN UNIVERSITY OF TANZANIA . 

      JUSTICE OF APPEAL, JUMA, C.J.:; WAMBALI, MKUYE, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DODOMA., 2020-09-15)
      This appeal arises from the decision of the High Court at Dodoma dated 15/03/2018 which dismissed the appellants' application for prerogative orders of certiorari and mandamus.The appellants, ARBOGAST ARSTIDES, HELLO ...

    • ARDHI UNIVERSITY V.S KIUNDO ENTERPRISES (T) LIMITED. 

      JUSTICE OF APPEAL, KIHWELO, J.A; MKUYE, KWARIKO, J.A. J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-09-10)
      In this appeal, the appellant Ardhi University is appealing against the decision of the High Court of Tanzania, Commercial Division (Mwambegele, 1) (as he then was) in Miscellaneous Commercial Cause No. 272 of 2015. The ...

    • ASGARALI HABIB KASSAM MANJI VS. NATIONAL HOUSING CORPORATION. 

      JUSTICE OF APPEAL, KAIJAGE, J.A.; JUSTICE OF APPEAL, MJASIRI, J.A.,MMILLA, J.A. (THE COURT OF APPEAL OF TANZANIA, TANGA., 2016-06-25)
      The applicant was a successful party in Tanga High Court Civil Appeal No. 22 of 2004. Dissatisfied by the decision of that Court which was pronounced on 19/12/2006, the respondent, a losing party, lodged a Notice of ...

    • ASSIYA MPWAGA VS. EYAZALI MCHAPE AND 3 OTHERS. 

      JUSTICE OF APPEAL, KIMARO, J.A.:; JUSTICE OF APPEAL, OTHMAN ,C.J., MUGASHA, J.A. (THE COURT OF APPEAL OF TANZANIA, MBEYA., 2016-04-22)
      The respondents were aggrieved by the judgment of the High Court (Karua, J) in Land Appeal No. 6 of 2010 dated 11th June 2013. They filed a notice of appeal intending to appeal against the decision of the High Court. The ...

    • ATTORNEY GENERAL, ZANZIBAR V.S ALGHUBRA MARINE SERVICES LTD. 

      JUSTICE OF APPEAL, MZIRAY.J,A.; MBAROUK, NDIKA J.A J.A. (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2017-12-11)
      There is before us an appeal from the ruling of the High Court of Zanzibar at Vuga (Makungu, C.J.) , in Civil Case No. 36 of 2016 dated io" day of April 2017 where the court made a decision in favour of the respondent.

    • BANK OF INDIA (TANZANIA) LIMITED V.S Y.P. ROAD HAULAGE LIMITED AND 2 OTHERS. 

      JUSTICE OF APPEAL, MWARIJA, J.A.; LEVIRA, MWAMPASHI, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-09-02)
      This ruling is on the preliminary objection raised by the respondents; Y.P. Road Haulage Limited, Lalit Ratilal Kanabar, and Kiran Lalit Kanabar (the 1st to 3rd respondents respectively). The objection is against the appeal ...

    • BEATRICE MBILINYI V.S AHMED MABKHUT SHABIBY. 

      JUSTICE OF APPEAL, KWARIKO, J.A.; MKUYE, MWAMBEGELE, J.A. J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-03-08)
      The applicant, Beatrice Mbilinyi, has filed this application by a notlce of rnotion under Rule 89 (1) of the Tanzania Court of Appeal Rules, 2009 (henceforth the Rules) for an order of the Court to strike out a notice of ...

    • BONIFACE ANYISILE MWABUKUSI V.S ATUPELE FREDY MWAKIBETE AND 2 OTHERS. 

      JUSTICE OF APPEAL, GALEBA, J.A.; NDIKA, MWAMPASHI, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-09-02)
      This appeal is one of democratic significance. Boniface Anyisile Mwabukusi, a member of NCCR Mageuzi political party was contesting to be elected Member of Parliament for Busokelo Constituency in the General Elections that ...

    • BRYSON BWIRE MBONDE VS. TANZANIA REVENUE AUTHORITY. 

      JUSTICE OF APPEAL, KWARIKO, J.A.:; JUSTICE OF APPEAL, NDIKA, J.A., FIKIRINI, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-07-02)
      The Judgment delivered this 5th day of July, 2021, in the Presence of Mr. Deus Richard learned Advocate for the Appellant and Ms. Sabina Choghoghwe learned State Attorney also holding brief of Mr. Hospis Mwaswanyia ...

    • BUKOBA MUNICIPAL COUNCIL V.S NEW METRO MERCHANDISE CIVIL APPEAL NO, 374 OF 2021. 

      MWARIJA, SEHEL, J.A AND MAIGE, J.A J.A., (THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2022-07-11)
      (i). Section 19 (2) and (3) of the Law of Limitation Act provides for an automatic exclusion of time requisite for obtaining a copy of the decree or judgment appealed from when computing the period of limitation for lodging ...