Browsing JUDGMENTS by Issue Date

Now showing items 1-20 of 560

    • SILIMA VUAI FOUM. VS REGISTRAR OF CO OPERATIVE SOCIETIES AND 3 OTHERS 

      JUSTICE OF APPEAL, LUBUVA, J.A.:; LUBUVA, OMAR, J.A., J.A. (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 1994-11-28)
      Before the High Court o Zanzibar, the appellant filed a chamber application seeking to move the court to order the first respondent, the registrar of cooperative societies in Zanzibar to make available to the appellant the ...

    • IGNAZIO MESSINA V.S WILLOW INVESTMENTS SPRL 

      JUSTICE OF APPEAL, LUGANGIRA, J.A; MAKAME, RAMADHANI, J.A.: J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2002-02-27)
      In the course of arguing civil appeal no. 105 of 1998, learned counsel for the appellants Mr Lameck Mfalila, made a passionate to the court.

    • Ignazio Messina Vs. Willow Investment SPRL, Civil Application No. 21 OF 2001 

      Makame, J.A., Ramadhani, J.A., And Lugakingira, J.A. (THE COURT OF APPEAL OF TANZANIA, 2002-02-27)
      Rules on Affidavit. Affidavit which is tainted with untruth statement

    • D.B.SHAPRIYA & CO. LTD. VS. BISH INTERNATIONAL B.V. 

      JUSTICE OF APPEAL, RAMADHANI, J.A.:; JUSTICE OF APPEAL, MSUMI, J.K. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2002-08-22)
      The application files c notice of motion seeking to stay the execution of the decision of MSUMI, J.K. The respondent countered that by missing a preliminary objection that the affidavit filed by the applicant contravenes ...

    • PAUL MGANA V.S THE MANAGING DIRECTOR TANZANIA COFFEE BOARD. 

      JUSTICE OF APPEAL, LUBUVA, J.A.,; MROSO, NSEKELA, J.A.: J.A (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2003-05-16)
      In this appeal, the Managing Director, Tanzania Coffee Board, the respondent, is appealing against the decision of the High Court Munuo, J. (as she then was) in High Court Civil Revision No. 5 of 2000 of 5.6.2000.

    • IMELDA OMARI AND 18 OTHERS V.S TANZANIA PORTS CORPORATION. 

      JUSTICE OF APPEAL, KILEO, J.A.; MUNUO, LUANDA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2003-09-22)
      On 22nd September 2003, in the High Court of Tanzania, at Dar es salaam, a ruling revising proceedings in Employment Civil Cause No 137 of 1996 of the Resident Magistrate’s Court of Dar es salaam at Kisutu was delivered.

    • JUMA JAFFER JUMA VS. MANAGER, PBZ LTD AND 2 OTHERS 

      JUSTICE OF APPEAL, NSEKELA, J.A.:; JUSTICE OF APPEAL, LUBUVA, J.A., MUNUO, J.A., (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2003-11-12)
      The appellant Juma Jaffer Juma, was the owner.of a right of occupancy registered under Title No.325 A-3 of 1987.On the 24.5.1994 the appellant executed Mkataba wa Mkopo wa Fedha (Loan Agreement) under which the first ...

    • S.S. MAKORONGO V.S SEVERINO CONSIGILIO 

      JUSTICE OF APPEAL, NSEKELA, J.A.:; RAMADHANI, NSEKELA, J.A.: J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2004-03-11)
      This is an appeal against the decision of Kalegeya, J. in Civil Appeal No. 105 of 1998. The Court suo mote invited the parties to address the Court on the effect on the appeal of section 5 (2) (d) of the Appellate ...

    • The Board of Trustee of National Security Social Fund vs. New Kilimanjaro Bazaar Ltd, Civil Appeal No 16 of 2004 

      Ramadhani, J. A.; Nsekela, J. A.; And Kaji, J. A.) (THE COURT OF APPEAL OF TANZANIA, 2004-10-27)
      When appeal is not proper, the proper remedy is to strike out and not to dismiss.

    • TANGANYIKA CHEAP STORE VS. NATIONAL INSURANCE CORPORATION (T) LTD. 

      JUSTICE OF APPEAL, NSEKELA, J.A.:; JUSTICE OF APPEAL, MUNUO, J.A., MSOFFE, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-01-27)
      When the appeal was called for hearing, the Court invited, motu, the learned advocate for the appellant, Mr. Mnyele, to address the Court on the validity or otherwise of the decree on page 130 of the record of appeal ...

    • JUMA S. BUSIYAH V.S THE ZONAL MANAGE, (SOUTH) TANZANIA POST CORPORATION. 

      JUSTICE OF APPEAL, MUNUO, J.A (THE COURT OF APPEAL OF TANZANIA, MBEYA., 2005-05-04)
      The applicant, Juma S. Busiyah, through the services of Mr. Mushokorwa, learned advocate seeks, Extension of time to appeal to the Court of Appeal of Tanzania out of time, Leave to appeal to the Court of Appeal of Tanzania ...

    • B.M.MBASSA VS. THE ATTORNEY GENERAL AND 2 OTHERS. 

      JUSTICE OF APPEAL, KAJI, J.A.:; JUSTICE OF APPEAL, Masanche, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-05-13)
      This appeal arises from the decision of the High Court at Mwanza (Masanche, J.) striking out the appellant. fs plaint in Civil Case No.4 of 1996 for want of cause of action.

    • SIMPLISIUS FELIX KIJUU ISSAKA VS. THE NATIONAL BANK OF COMMERCE LIMITED 

      JUSTICE OF APPEAL, KAJI, J.A.:; JUSTICE OF APPEAL, Dr. Bwana, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-08-19)
      In this application, Simplisius Felix Kijuu Issaka,is applying for stay of execution of the decree of the High Court Commercial Division (Dr. Bwana, J.) in Commercial Case No. 175 of 2002, pending 24.3.2003 which was ...

    • DIRECTOR, MUKHESHI GLOBAL ESTATE LTD V.S HAMIS NJAMA. 

      JUSTICE OF APPEAL, NSEKELA. J.A.; MUSHI, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-09-09)
      THIS IS AN APPLICATION TO STRIKE OUT NOTICE OF APPEAL FOR FAILURE, TO TAKE AN ESSENTIAL STEP IN INSTITUTING THE INTENDED APPEAL, NAMELY THAT THE RESPONDENT HAS NOT INSTITUTED THE APPEAL WITHIN THE PRESCRIBED TIME.

    • NATIONAL HOUSING CORPORATION VS. SUKA GENERAL SUPPLIES. 

      JUSTICE OF APPEAL, KAJI, J.: (THE COURT OF APPEAL OF TANZANIA, DODOMA., 2005-09-16)
      The appellant, THE NATIONAL HOUSING CORPORATION, is a public corporation, managing housing estates established under the National Housing Corporation Act, 1990.The respondent, SUKA GENERAL SUPPLIES, is a business entity ...

    • JOHN GIMUNTA V.S JOSEPH OBETO. 

      JUSTICE OF APPEAL, KALEGEYA, J. A.; MASSATI, J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-10-29)
      Responding to a Notice of Motion filed by the Applicant, the Respondent raised two preliminary objections but mid- way dropped one and remained.

    • TANGANYIKA CHEAP STORE VS. NATIONAL INSURANCE CORPORATION OF TANZANIA LIMITED 

      JUSTICE OF APPEAL, KAJI, J.A.:; NSEKELA, LUBUVA, J.A., J.A., (THE COURT OF APPEAL OF TANZANIA,DAR ES SALAAM., 2005-11-17)
      In this appeal, the appellant, Tanganyika Cheap Store, is appealing against the decision of the High Court sitting at Dar es Salaam Kileo, J. dated 9,February, 2000 in Civil Case No. 272 of 1996.

    • HAMISI LUGA KITEGILE V.S THE LOANS AND ADVANCES REALIZATION TRUST. 

      JUSTICE OF APPEAL., NSEKELA. J.A.; LUBUVA, MUNUO, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-11-25)
      This is a preliminary objection raised at the hearing of an appeal between the appellant, Hamisi Luga Kitegile, and the respondent, the Loans and Advances Realisation Trust. The preliminary objection raised by Mr. Kamugisha, ...

    • HOTEL TRAVERTINE LIMITED AND 2 ATHORS V.S NATIONAL BANK OF COMMERCE LIMITED. 

      JUSTICE OF APPEAL, NSEKELA, J.A.; LUBUVA, MSOFFE, J. A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-11-25)
      The facts leading to this appeal may be briefly stated as follows. The first appellant, Hotel Travertine Limited, is a limited liability company; the second and third appellants are the Directors of the first appellant.

    • MWANAASHA SEHEYE V.S TANZANIA POSTS CORPORATION. 

      JUSTICE OF APPEAL, NSEKELA. J.A.; MROSO, KAJI, J. A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-12-08)