Court of Appeal of Tanzania: Recent submissions

Now showing items 341-360 of 558

    • TANZANIA BREWERIES LIMITED V.S JONATHAN KALAZE. 

      JUSTICE OF APPEAL, MBAROUK, J. A.; MUSSA, JUMA, J.A J.A (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2014-09-08)
      When the appeal was called on for hearing, the Court wanted to satisfy itself as to the propriety of the record of appeal having noted that the same was incomplete. That concern prompted the Court to raise the point suo ...

    • LEILA JALALUDIN HAJI JAMAL V.S SHAFFIN JALALUDIN HAJI JAMAL. 

      JUSTICE OF APPEAL, MUNUO, J.A.; MSOFFE, KILEO, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-04-19)
      The appellant, Leila Jalaludin Haji Jamal, through the services of co-advocates, Mr. Mfalila and Ms Hamida Sheikh, instituted Civil Appeal No. 55 of 2003 to challenge the Ruling of Kyando, J. dated the 28th June, 2002 in ...

    • PHILLIP TILLYA V.S VEDASTINA BWOGI. 

      JUSTICE OF APPEAL, MASSATI, J.A.; MBAROUK, MUGASHA. J.A . J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-09-19)
      This appeal originates from Kinondoni District Land and Housing Tribunal Land Application No. 51 of 2007 on a dispute over ownership of a piece of land known as Plot No. 82 Wazo Hill Industrial Area, where, where the ...

    • RUNWAY (T) LIMITED V.S WIA COMPANY LIMITED AND CASCADE COMPANY LIMITED. 

      JUSTICE OF APPEAL, MKUYE, J.A.; MWARIJA, WAMBALI, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-01-30)
      The appellant, Runway (T) Limited is challenging the decision in Commercial Case No. 87 of 2011 in which Nyangarika, J. (as he then was) dismissed her suit with costs.

    • PUMA ENERGY TANZANIA LIMITED V.S RUBY ROADWAYS (T) LIMITED. 

      JUSTICE OF APPEAL, MWANDAMBO, J.A.; MZIRAY. J.A, MWANDAMBO, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-04-09)
      This ruling seeks to address a small but significant issue regarding the extent of the Court's power under rule 96(7) of the Tanzania Court of Appeal Rules, G.N. No. 368 of 2009 as amended by the Tanzania Court of Appeal ...

    • TANZANIA SPRING INDUSTRIES AND AUTOPARTS LTD V.S THE HONORABLE ATTORNEY GENERAL AND 2 OTHERS. 

      JUSTICE OF APPEAL, KILEO, J.A.; MSOFFE, KIMARO, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-07-16)
      “Since my finding on the preliminary issues raised by all the respondents are not sustainable, rather than give a reasoned ruling and thereby creating an opportunity for further delay caused by yet another possible appeal ...

    • 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 ...

    • PETRO NYASA AND 2 OTHERS VS. SIMON DOMELO AND 3 OTHERS. 

      JUSTICE OF APPEAL, KIMARO, J.A.:; JUSTICE OF APPEAL, MUNUO, J.A., MJASIRI, J.A. (THE COURT OF APPEAL OF TANZANIA,TABORA., 2012-05-25)
      When the appeal was called on for the hearing today, the parties were represented by Mr. Kamaliza Kayaga, learned advocate parties were represented by Mr.Kamaliza Kayaga, learned advocate and Mr.Pius Mboya ,learned ...

    • NYAKATO SADIK! MKAMA VS. FRANK DAUDI (MINOR)(SUING THROUGH HIS NEXT FRIEND,FATUMA MAGANGA) 

      JUSTICE OF APPEAL, MWARIJA, J.A.:; JUSTICE OF APPEAL, MASSATI, J.A., MUSSA, J.A. (THE COURT OF APPEAL OF TANZANIA, TABORA., 2016-04-27)
      The appellant, Nyakato Sadiki Mkama, instituted this appeal to challenge the decision of the High Court (Rumanyika, J.) in Land Appeal No. 61 of 2012. Before us, Mr. Kamaliza Kayaga, learned counsel appeared for the ...

    • PETRO NYASA AND 2 OTHERS VS. SIMON DOMELA AND 3 OTHERS 

      JUSTICE OF APPEAL, KIMARO, J.A.:; JUSTICE OF APPEAL, MUNUO, J.A., MJASIRI, J.A. (THE COURT OF APPEAL OF TANZANIA, TABORA., 2012-05-25)
      When the appeal was called on for the hearing today, the parties were represented by Mr. Kamaliza Kayaga, learned advocate holding the brief of Mr. Mtaki, learned advocate for the appellants, and Mr. Pius Mboya, learned ...

    • PUMA ENERGY TANZANIA LIMITED VS. DIAMOND TRUST BANK TANZANIA LTD 

      JUSTICE OF APPEAL, MKUYE, J.A.:; JUSTICE OF APPEAL, MMILLA, J.A., LEVIRA, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-05-22)
      The appellant, Puma Energy Tanzania Limited, (the supplier) entered into a commercial supply agreement with one, Parsley Limited, a buyer, (a third party who is not a party to this appeal) for which ...

    • THE EDITOR, THE GUARDIAN NEWSPAPER AND THE GUARDIAN LIMITED V.S YONO AUCTION MART & COMPANY LIMITED. 

      JUSTICE OF APPEAL, MUGASHA. J.A .; WAMBALI, KEREFU, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-06-13)
      The respondent had successfully sued the appellants for the tort of defamation in the High Court of Tanzania, sitting at Dar es Salaam. According to the plaint, the respondent's claim was based on the appellants' publication ...

    • OYSTERBAY VILLAS LIMITED V.S KINONDONI MUNICIPAL COUNCIL. 

      JUSTICE OF APPEAL, LUANDA, J.A.; RUTAKANGWA, MMILLA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-09-29)
      The above-named appellant is dissatisfied with the judgment and decree of the High Court of Tanzania (Commercial Division) in Commercial Case No. 88 of 2011. She has come to this Court by way of an appeal.

    • PETRINA ALOYCE V.S CHRISTINA LEONARD NYUMAYINZU. 

      JUSTICE OF APPEAL, MWAMBEGELE, J.A.; MBAROUK, MUGASHA. J.A . J.A. (THE COURT OF APPEAL OF TANZANIA,TABORA., 2017-09-27)
      Against this appeal filed by Petrina Aloyce (as administratrix of the estate of the late Anastazia Emmanuel Masonganya), the respondent, through a law firm going by the name K. K. Kayaga Advocates, filed two sets of ...

    • MITALAMI LANG'ASANI V.S SAADA IDDI. 

      JUSTICE OF APPEAL, MUSSA, J.A.; MKUYE, KOROSSO, J.A. J. A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2019-12-02)
      On the 9th of July 2009, the respondent herein instituted Land Claim No.11 of 2009 in the Mateves Ward Tribunal through which she sought to recover a parcel of Land (hereinafter called "the suit land'') which is situated ...

    • IBRAHIM SELEMAN SINDILA V.S AHMED JUMA. 

      JUSTICE OF APPEAL, MMILLA, J.A.; KILEO, ORIYO, J.A J, A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2014-09-04)
      The genesis of the case giving rise to the present ruling dates back to 2008. In that year, Ibrahim Seleman Sindila (the appellant) instituted Land Application No 37 of 2008 in the District Land and Housing Tribunal for ...

    • HENRY MUYAGA V.S TANZANIA TELECOMMUNICATION COMPANY LTD. 

      JUSTICE OF APPEAL, MASSATI, J.A.; LYIMO, J.A (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2013-03-19)
      The applicant was an employee of the Tanzania Telecommunications Company Ltd. (the respondent) until his services were terminated sometime in 1999. Whereupon he filed Civil Case No. 15 of 1999 in the Resident Magistrate’s ...

    • JOSHUA LAZARO VS. TRUSTEES OF TANZANIA NATIONAL PARK t/a TANZANIA NATIONAL PARKS 

      JUSTICE OF APPEAL, MANDIA, J.A.:; JUSTICE OF APPEAL, MUNUO, J.A., KILEO, J.A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2012-03-01)
      The appellant filed an appeal in this Court against the decision of the High Court of Tanzania at Arusha in Civil Appeal No. 3 of 2003. The appeal in the High Court was against the decision of the District Court of ...

    • AFRICAN TROPHY HUNTING TANZANIA LIMITED VS. THE HONORABLE THE ATTORNEY GENERAL. 

      JUSTICE OF APPEAL, MSOFFE, J.A.:; JUSTICE OF APPEAL, KAJI, J. A, RUTAKANGWA, J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-06-14)
      On 11/11/1999 the High Court (Bubeshi, J.) declined to grant the respondent an extension of time to file a defence to a counter claim and accordingly made an order for the appellant Company to prove its case exparte. ...

    • IBRAHIM SELEMAN SINDILA VS. AHMED JUMA. 

      JUSTICE OF APPEAL, MMILLA,J.A.:; JUSTICE OF APPEAL, KILEO, J. A, ORIYO, J.A., (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2014-09-04)
      The genesis of the case giving rise to the present ruling dates back to 2008. In that year, Ibrahim Seleman Sindila (the appellant) instituted Land Application No 37 of 2008 in the District Land and Housing Tribunal for ...