Browsing by Subject "Dar Es Salaam"

Alex Lwabwina Versus Bp Tanzania Limited, Civil Appeal No. 02 Of 2016.

Mugasha, J.A., Wambali, J.A., and Kerefu, J.A. (The Court of Appeal Tanzania, 2019-06-18)

Notice of appeal lodged before the Court must comply with the period of limitation prescribed under Rule 83 (2) of the Rules. The Court cannot entertain an appeal which has been lodged out of time, while no extension of ...

Commissioner General of TRA vs. JSC Atomredmetzoloto (ARMZ), Consolidated Civil Appeal No. 78 & 79 of 2018.

Mussa. J.A.. Mugasha, J.A., And Lila. J.A. (THE COURT OF APPEAL OF TANZANIA, 2019-04-16)

Incomplete record of appeal for non-inclusion of copies of written submission contrary to Rule 96(1) of CAT Rules,Circumstances in which over ring objective can cure the anomalies of non-inclusion of copies as per Rule ...

Commissioner General Tra Vs RogersMhina &Another, Civil Application No.135 Of 2014, In The Court Of Appeal Of Tanzania At Dar Es Salaam, (Unreported) Pg. 4-7 Coram: Luanda, J.A

Mbarouk, J.A., Mjasiri, J.A., And Massati, J.A.. (THE COURT OF APPEAL OF TANZANIA, 2015-03-23)

The source of information must be disclosed in this case it is not shown where the source of the information come from, for that matter the source of all information must be disclosed.It is a trite law that Affidavit being ...

Consolidate Holding Corporation vs. Nyakato Soap Industries Ltd, Civil Appeal No 58 of 2000.

Ramadhan, J. A., Kaji,J. A. And Kileo,J.A. (THE COURT OF APPEAL OF TANZANIA, 2006-10-20)

Memorandum of Appeal not been endorsed by Registrar.Status of amended pleadings.

Consolidated Civil Appeal No. 78 Of 2018 & No. 79 Of 2018 Commissioner General Tanzania Revenue Authority. Versus Atomredmetzoloto(ARMZ)

Mussa, J.A., Mugasha, J.A., And Lila, J.A. (The Court of Appeal Tanzania, 2019-04-16)

Failure to include written submission in record of appeal.Incomplete records of appeal

Future Century Ltd Vs Tanesco, Civil Appeal No.05 Of 2009, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 12-15 (Coram: Kimaro, J.A., Oriyo,J.A. And Kaijage, J.A.)

Kimaro, J.A., Oriyo,J.A., And Kaijage,J.A. (The Court of Appeal Tanzania, 2016-02-04)

The principle of law established by the Court is that the appellant is entitled to have the evidence re-evaluated by the first appellant .court and give its own findings.It was the responsibility of the appellant to bring ...

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

John Paul Shibuda &Tanzania international Agri Input Co-Lto Applicants Vs Nordox Industries As Responoent, Civil Application No. 171 Of 2015, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 8-11 (Coram: Kimaro,J.A., Massati,J.A., And Mugasha,J.A.)

Kimaro, J.A., Massati,J.A., And Mugasha,J.A. (The Court of Appeal Tanzania, 2015-11-17)

i. The Court of Appeal is not an executing Court. Modes of execution are provided for under the Civil Procedure Code. ii. Under Rule 120 (1) of the Court Rules, for any civil appeal, the appellant is required to deposit ...

Kisanga Tumainiel Vs Frank Pieper &Travelers’ lodge limited Respondents, Civil Appeal case no. 139 Of 2008, In The Court Of Appeal Of Tanzania At Dar Es Salaam, [Unreported] Pp.8-11 (Coram: Luanda, J.A., Mussa, J. A. And Mugasha, J. A.)

Luanda, J. A., Mussa,J. A. And Mugasha,J.A.) (THE COURT OF APPEAL OF TANZANIA, 2016-01-25)

That was not proper as a party cannot take up new plea or new contention in appeal, unless, it is pleaded in the plaint or written statement of defence Since the first appellate High Court adjudicated on an issue which ...

Mohamed Msangi & others Versus Charles Oden Mwahihola Civil Appeal No.71 of 2015 Court of Appeal of Tanzania at Dar es Salaam.

Mussa, l.A., Mkuye, J.A., And Wambali, J.A. (Court of Appeal of Tanzania, 2018-10-25)

Appeal-failure to attach copy of the written statement of Defense in the record of Appeal render the Appeal incompetent. The appellant was not in any way allowed in his own accord to decide to exclude the plaint from the ...

Registered Trustees of Holy Spirit Sisters Tanzania Versus January Kamili Shayo and 136 Others, Civil Appeal No. 193 Of 2016

MUSSA, J.A., MWARIJA, J.A. And MWANGESI, J.A. (THE COURT OF APPEAL OF TANZANIA, 2018-08-08)

Permission or consensual occupation is not adverse possession. Adverse possession is occupation inconsistent with the title of the true owner, that is, inconsistent with and in denial of the right of the true owner of the ...

Shabir Tayabali Essaji Vs Farida Seifudin Essaji, Civil Appeal No. 180 Of 2017, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 6-11 (Coram: Mussa. J.A. Mkuye, J.A., And Wambali. J.A

Mussa. J.A.. Mkuye, J.A., And Wambali. J.A. (THE COURT OF APPEAL OF TANZANIA, 2018-09-08)

Rule 90(1) of the Rules which governs institution of appeals to this Court requires the appeal to be lodged within sixty days from the date when the notice of appeal is lodged. It also provides for the Registrar of the ...

Tanzania Electricity Company LTD (TANESCO) Vs. Mufungo Leonard Majura and 14 others, Civil Revision No. 5 of 2016 , CAT AT DSM

Luanda, J.A .• Mussa, J.A .• And Mziray, J.A. (THE COURT OF APPEAL OF TANZANIA, 2016-11-25)

The power of the Court of Appeal under Article 117(1) of the Constitution is not confined to hear appeals only but also other types of cases provided by any other law. It was wrong to initiate revision proceedings while ...