JUDGMENTS: Recent submissions

Now showing items 381-400 of 560

    • H. H. HILAL & CO. LIMITED V.S MEDICAL STORES DEPARTMENT AND ANOTHER. 

      JUSTICE OF APPEAL, MWAMBEGELE, J.A.; LEVIRA, MAIGE, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-05)
      In this application by notice of motion taken under rule 89 (2) of the Tanzania Court of Appeal Rules (the Rules), the applicant H. H. Hilal & Co. Limited moves the Court to strike out a notice of appeal lodged by the ...

    • 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 ...

    • MKAMA PASTORY V.S TANZANIA REVENUE AUTHORITY. 

      JUSTICE OF APPEAL, MROSO, J.A; LUBUVA, RUTAKANGWA, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2007-02-23)
      In a ruling of the High Court at Mwanza (Mchome, J.) dated 10th March, 2005 the respondent succeeded in a preliminary objection it had raised and, as a result, the appellant’s plaint before the High Court was struck out ...

    • 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.

    • 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 ...

    • 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 ...

    • MENARD THEOBARD BIJUKA AND 2 OTHERS V.S DIDAS J.TUMAINI. 

      JUSTICE OF APPEAL, KENTE, J.A; MWAMBEGELE, KEREFU, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2021-08-16)
      The appellants namely Menard Theobard Bijuka, Edwin Shuzo Bijuka, and Ludovick Paulo hereinafter referred to as the first, second, and third appellants respectively, have appealed against the judgment and decree of the ...

    • TANZANIA TEACHERS UNION V.S CHIEF SECRETARY HON. MINISTER, PRESIDENT'S OFFICE, PUBLIC SERVICE MANAGEMENT AND GENERAL SECRETARY, MINISTRY OF EDUCATION AND VOCATIONAL TRAINING. 

      JUSTICE OF APPEAL, MWAMBEGELE, J.A.; MUSSA, MUGASHA. J.A . J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-08-31)
      When the appeal was called on for hearing on 22.08.2017 Mr. Sylvester Mwakitalu, the learned Principal State Attorney who appeared for the respondents, rose to address us on the preliminary objection, notice of which had ...

    • 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.

    • GODFREY SAYI V.S ANNA SIAME as Legal Representative of the late MARY MNDOLWA 

      JUSTICE OF APPEAL, KAIRO, J.A; MWAMBEGELE, KITUSI, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-07-30)
      The applicant, Godfrey Sayi has lodged this application for review by way of a Notice of Motion- made under Rules 4(1), 48(1) and 66(1) (a) and (c) of the Court of Appeal Rules, 2009 (the Rules) and section 4 (4) of the ...

    • NATIONAL MICROFINANCE BANK V.S MUYODESO. 

      JUSTICE OF APPEAL, MWARIKO, J.A; MWARIJA, MWAMPASHI, J.A J.A., (THE COURT OF APPEAL OF TANZANIA, IRINGA., 2021-09-27)
      Formerly, the respondent sued the appellant before the District Court of Mufindi at Mufindi for a declaration that the appellant was liable for the tortious act of conversion of the respondent's money and gross abuse of ...

    • GRUMETI RESERVES LIMITED V.S MORICE AKIRI. 

      JUSTICE OF APPEAL, KITUSI J.A.:; WAMBALI, MASHAKA, J.A J.A. (THE COURT OF APPEAL OF TANZANIA, MUSOMA., 2021-11-02)
      The appeal is incompetent for failure of the appellant to serve the respondent or his advocate with a copy of the notice of intention to appeal contrary to Rule 84(1) o f the Court of Appeal Rules, Cap. 141 R.E 2019 subsidiary.

    • JUMA BUSIYA V.S ZONAL MANAGER, SOUTH TANZANIA POSTAL CORPORATION. 

      JUSTICE OF APPEAL, GALEBA, J.A.:; MUGASHA, FIKIRINI, J.A. J.A, (THE COURT OF APPEAL OF TANZANIA, MBEYA., 2021-09-24)
      Juma Busiya, the appellant had been employed by the respondent but was terminated on 10th October 1994. There was an appeal to the Labour Conciliation Board, but relevant to this ruling is that on 26th February 1996 the ...

    • HERMANUS P. STEYN V.S CHARLES THYS. 

      JUSTICE OF APPEAL, MWARIJA, J.A.,; SEHEL, FIKIRINI, J.A.: J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-08-25)
      By a notice of motion filed on 28/4/2016, the applicant, Hermanus P. Steyn brought this application moving the Court to review its judgment dated 29/2/2016 arising from Civil Appeal No. 45 of 2007. In that judgment the ...

    • DEOGRATIAS KABADO V.S VOCATIONAL EDUCATION AND TRAINING AUTHORITY. 

      JUSTICE OF APPEAL, FIKIRINI, J.A.:; MWARIJA, SEHEL, J.A J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-09-01)
      This appeal is against the judgment and decree of the High Court of Tanzania (Labour Division) at Dar es Salaam (the Labour Court) in Revision No, 103 of 2016. The decision confirmed the award of the Commission for Mediation ...

    • NASSER E. MWAKAMBOJA V.S ARTHUR ALFRED MAMBETA AND MOHAMED JAFFER SHEIKH. 

      JUSTICE OF APPEAL, LUANDA, J.A.,; MUNUO, KILEO, J.A., J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2009-02-03)
      The above named respondents successfully petitioned in the High Court for the revocation of the letters of administration granted to the appellant as the administrator of the estate of the late Mohamed Shaffi Sheikh. In ...

    • MUSSA JOSEPH KUMILI AND EDWIN FAUSTINE SAMIKE V.S M/S AUSDRILL TANZANIA LIMITED 

      JUSTICE OF APPEAL, KILEO, J.A.; OTHMAN, MANDIA, J.A J.A., (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 ...

    • 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 ...

    • NITRO EXPLOSIVES (T) LIMITED VS. TANZANITE ONE MINING LIMITED. 

      JUSTICE OF APPEAL, MWAMBEGELE. J.A.:; JUSTICE OF APPEAL, KEREFU. J.A., MAIGE. J.A. (THE COURT OF APPEAL OF TANZANIA, DODOMA., 2021-11-02)
      The background facts leading to this appeal are very simple and not difficult to comprehend. The appellant was the plaintiff in Commercial Case No.118 of 2018 in the Commercial Division of the High Court sitting at Dar ...

    • MOKIRI DAMAS NGOJA VS. NATIONAL HOUSING CORPORATION INDEPENDENT AGENCIES AND ANOTHER. 

      JUSTICE OF APPEAL, MKUYE, J.A.:; JUSTICE OF APPEAL, KOROSSO. J.A., KIHWELO. J.A (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2021-09-29)
      In the High Court of Tanzania at Moshi Registry, the appellant Mokiri Damas Ng'oja had unsuccessfully sued the respondents, the National Housing Corporation and the Independent Agencies & Court Brokers Ltd (the ist and ...