Land Law
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FORTUNATUS LWANYANTIKA MASHA AND ANOTHER VS. CLAVER MOTORS LIMITED CIVIL APPEAL NO. 144 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)i) he prescribed time on a suit for recovery of land is twelve (12) years from the date when the cause of action accrued. ii) It is on record that the appellants' suit was filed on 28th April, 2017 after lapse of twelve ... -
LAWRENCE MAGESA t/a JOPEN PHARMACY VS. FATUMA OMARY AND ANOTHER CIVIL APPEAL NO. 333 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-05)(i) We wish to preface our discussion by observing that this being a first appeal, we are entitled to review the evidence on record to satisfy ourselves whether the findings by the trial court were correct. This task is ... -
DIRECTOR MOSHI MUNICIPAL COUNCIL VS. JOHN AMBROSE MWASE. CIVIL APPEAL NO. 245 OF 2017.
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2019-04-10)Held i)It is a settled law that in civil cases that who alleges must proof which is a basis of Section 110 of the Evidence Act, [Cap 6 R. E 2019]. The Court cited with approval the holding in the case of Anthony M. Masanga ... -
MUFINDI PAPER MILLS LIMITED VS. IBATU VILLAGE COUNCIL AND 3 OTHERS CIVIL REVISION NO. 555/17 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-19)HELD We are, in this case settled in our mind that whereas the applicant was not made a party to the proceedings, nevertheless the title that she claimed in the suit land was extinguished without her being heard. On ... -
JM HAULIERS LIMITED VS. ACCESS MICROFINANCE BANK (TANZANIA) LIMITED. CIVIL APPEAL NO. 274 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-24)Held; i.The appellant did not heed to the default notice, thus cannot be heard now to dispute the notice dully served upon him but he rejected it and wa admitted in evidence without objection. ii.Where a mortgagee is ...
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