JUDGMENTS: Recent submissions
Now showing items 161-180 of 560
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AMIE SADICK SANGA VS. NATIONAL BANK OF COMMERCE LIMITED. CIVIL APPLICATION NO. 105/17 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)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 ... -
CONTINENTAL SERVICES LIMITED VS. CHINA RAILWAY JIANCHANG ENGINEERING CO. (T) LIMITED CIVIL APPEAL NO. 184 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-01)i. The Registrar must state in very dear terms that the days to be excluded in computing the period of limitation are those from the time when the appellant requested for copies o f proceedings to the date he notified him ... -
RAYMOND OBED KITILYA VS. THE COMMISSIONER FOR LANDS MINISTRY OF LANDS, HOUSING AND HUMAN SETTLEMEN AND 2 OTHERS CIVIL APPEAL NO. 85 OF 2016.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)1. It is now settled that the time limit within which to serve letters requesting documents from the Registrar is thirty days (30) from the date of lodging notice of appeal as intimated under Rule 90(1) of the Court of ... -
SINYOMA COMPANY LIMITED VS. BULYANHULU GOLD MINE LIMITED CIVIL APPEAL NO. 172 OF 2017.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-27)Termination of contract must be preceded by 14 days’ notice within which the appellant remedies the breach or offer adequate compensation to save the contract from being terminated. -
SNV NETHERLANDS DEVELOPMENT ORGANIZATION TANZANIA VS. ANNE FIDELIS CIVIL APPEAL NO. 198 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-13)It is mandatory for every witness who is competent to take oath or affirmation before the reception of his or her evidence in the trial court including the CMA. If such evidence is received without oath or affirmation, it ... -
CAPITAL DRILLING (T) LIMITED VS. ALEX BARTHAZALI KABENDERA CIVIL APPEAL NO. 370 OF 2019
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-13)Clearly, taking an oath before testifying is a mandatory requirement that cannot be glossed over and its omission vitiates the proceedings since it renders the evidence invalid. -
KARIAKOO AUCTION MART VS. MASHAKA DYANGA AND 7 OTHERS CIVIL APPEAL NO. 234 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-27)i)Evidence may be taken in the appellate stage upon the set prerequisites that one, there is an existence of an appeal before this court, two, the appeal must stem from High Court exercising its original jurisdiction and ... -
DIRECTOR MOSHI MUNICIPAL COUNCIL VS. JOHN AMBROSE MWASE. CIVIL APPEAL NO. 245 OF 2017
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2019-04-10)i)It is a settled law that in civil cases 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 V. Penina ... -
AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED CIVIL APPEAL NO. 206 OF 2017
(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, ... -
JOVET TANZANIA LIMITED V.S BAVARIA N.V CIVIL APPLICATION NO. 207 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-08-06)1. The Court reinstated the principle enunciated in the case of Elisa Mosses Msaki v. Yesaya Ngateu Matee [1990] T.L.R. 90 in which it was held "This Court will only look into matters which came up in the lower Court and ... -
GOLDEN PALM LIMITED V.S COSMOS PROPERTIES LIMITED CIVIL APPLICATION NO. 561/01 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)1. A party to the proceedings before the High Court cannot invoke revisional powers of the Court of Appeal as alternative to the appellate powers unless there are exceptional circumstances warranting that course or where ... -
ECOBANK TANZANIA LIMITED VS. DOUBLE A CO. LIMITED AND 3 OTHERS, CIVIL APPLICATION NO. 178/16 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-09-19)this Honourable Court be pleased to reverse and set aside the decision of the Taxing Master dated 9th day of August 2019, certified on 13th August 2019 and supplied on 20th August 2013 in Taxation Cause No. 33 of 2019 ... -
SHAMSA SALIM HAMDUNI V.S THE ADMINISTRATOR GENERAL AND ANOTHER CIVIL APPLICATION NO. 360/01 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)1. The Court reinstated the principle enunciated in the case of Harban Haji Moshi and Another v. Omari Hilal Seif and Another [2001] TLR 409 and British Broadcasting Corporation v. Eric Sikujua Ng'maryo, Civil Application ... -
AMIE SADICK SANGA V.S NATIONAL BANK OF COMMERCE LIMITED CIVIL APPLICATION NO. 105/17 OF 2021
(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 ... -
BUKOBA MUNICIPAL COUNCIL V.S NEW METRO MERCHANDISE CIVIL APPEAL NO, 374 OF 2021.
(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 ... -
MAIMUNA RAJABU SOKA V.S TUWAHA SAMSON MUZE CIVIL APPLICATION NO. 103/01 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-14)1. Where an Affidavit mentions another person, it will be hearsay unless there is an affidavit of that other person supporting the fact. 2. Where the intending appellant has lodged notice of appeal and failed to lodge ... -
MUSHUTI FOOD SUPPLY LTD VS. CRDB BANK LTD AND 2 OTHERS.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-03-29)"The court may at any time on the application or of its own motion transfer any proceedings from one Registry to another and any proceedings so transferred, and all documents shall be filed accordingly. -
JOSEPH WASONGA OTIENO VS. ASSUMPTER NSHUNJU MSHAMA.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-10-17)The appellant filed a memorandum of appeal with seven grounds of appeal. For reasons which will become apparent later, we have deemed it necessary not to reproduce the grounds of complaint. -
NATIONAL INSURANCE CORPORATION OF (T) LIMITED VS. JACKSON MAHALI.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-02-14)Where a Judge or magistrate is prevented by death transfer or other cause from concluding the trial of a Suit, his successor may deal with any evidence or memorandum taken down or made under the Foregoing rules as if ... -
OYSTERBAY VILLAS LIMITED VS. KINONDONI MUNICIPAL COUNCIL.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-03-21)The decision of the trial Court aggrieved the appellant, who preferred an appeal to this Court challenging it. The appeal was however greeted with a notice of a preliminary objection that was lodged by the respondent on ...
