Browsing by Subject "DAR ES SALAAM."
Now showing items 1-20 of 236
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ABBAS ALLY ATHUMAN BANTULAKI AND ANOTHER VS. KELVIN VICTOR MAHITY (Administrator of the Estate of the late PETER WALCHER)CIVIL APPEAL NO. 385 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-16)Held; i. Administrator’s actions are bound to be for the benefit of the rightful heirs and are precluded from embezzling in any way misapplying the deceased estate. ii. A requirement to appoint an administrator of the ... -
ABDALLAH MBARAKA NAHDI VS. MANSOUR INDUSTRIES LTD.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-02-20)Against this appeal filed by Abdallah Mbaraka Nahdi, the respondent, through Mr. Constantine Mutalemwa of a Law Firm going by the name Mutalemwa & Co.Advocates, lodged a notice of preliminary objection. The preliminary ... -
ABDALLAH THABIT HUWEL VS. THE REGISTERED TRUSTEES OF MOVIMENTO POPULAR DE LIBERTACAO DE ANGOLA (MPLA) AND 4 OTHERS. CIVIL APPLICATION NO. 562/17 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)Held; 1. The Chief Justice has power to initiate revisional proceedings under Section 4(3) of the Appellate Jurisdiction Act, [Cap 141 R.E 2019], 2. The revisional proceedings initiated by the Court suo motto is not ... -
ADVATECH OFFICE SUPPLIES LIMITED VS. MS. FARHIA ABDULLAH NOOR BOLSTO AND SOLUTIONS LIMITED.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-11-07)By Notice of Motion, the applicant Advatech Office Supplies Limited filed the present application seeking, inter alia, an order of this Court compelling the respondent to deposit security for costs to the tune of USD ... -
AFRICAN BANKING CORPORATION (T) LIMITED VS. GEORGE WILLIAMSON LIMITED.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-05-14)African Banking Corporation (T) Limited, the applicant, lost in Civil Case No 90 of 2011 before the High Court of Tanzania at Dar es Salaam and was adjudged to pay to the respondent USD 2,000,000.00 as general damages and ... -
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)It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to say, Order ... -
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, ... -
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 amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to say, ... -
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)Held (i). It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to ... -
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)Held (i). It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to ... -
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)Held (i). It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to ... -
ALEX MSAMA MWITA VS. EMMANUEL NASUZWA KITUNDU AND ANOTHER CIVIL APPLICATION NO. 538/17 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-20): (i) The applicant did not comply with the mandatory requirement of the law which requires service of the notice of motion to be done within fourteen (14) days from the date of filing and this omission as the court have ... -
ALEX MSAMA MWITA VS. EMMANUEL NASUZWA KITUNDU AND ANOTHER CIVIL APPLICATION NO. 538/17 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-20)(i) The applicant did not comply with the mandatory requirement of the law which requires service of the notice of motion to be done within fourteen (14) days from the date of filing and this omission as the court have ... -
ALEX MSAMA MWITA VS. EMMANUEL NASUZWA KITUNDU AND ANOTHER CIVIL APPLICATION NO. 538/17 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-20)(i) The applicant did not comply with the mandatory requirement of the law which requires service of the notice of motion to be done within fourteen (14) days from the date of filing and this omission as the court have ... -
ALISUM PROPERTIES LIMITED VS. SALUM SELENDA MSANGI (As Administrator o f the Estate o f the late SELENDA RAMADHANI MSANGI) CIVIL APPEAL NO. 39 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-23)i)It is elementary principle of law that an issue raised by the parties should be resolved, failure to do so renders the judgement defective. ii)Cases must be decided on the issues or grounds on record and if it is desired ... -
ALNOOR SHARIFF JAMAL VS. BAHADUR EBRAHIM SHAMJI.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-11-22)The petition in the High Court was argued by way of written submissions after which a decision was made. For the sake of clarity, we find it appropriate to reproduce at length part of the decision of the High Court. -
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 ... -
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 ... -
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)Held; 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 ... -
ANSAAR MUSLIM YOUTH CENTRE VS. ILELA VILLAGE COUNCIL AND ANOTHER CIVIL APPLICATION NO. 310/01 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-06)(i) For an application for review to succeed, the applicant must satisfy any one of the conditions stipulated under Rule 66 (1) of the Rules. It is only within the scope of that Rule that the applicant can seek the judgment ...
