Appeals: Recent submissions

Now showing items 1-20 of 183

    • METHUSELA ENOKA VS. NATIONAL MICROFINANCE BANK LTD CIVIL APPEAL No. 266 OF 2019. 

      MUGASHA. J.A.., KEREFU, J.A. And KIHWELO. J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)
      (i) Appeal is time barred but the appellantis entitled to exclusion under section 19(2) (3) of the Act without necessarily attaching any document to the memorandum of appeal. (ii) The exclusion is automatic as long as ...

    • STATE OIL TANZANIA LIMITED VS. EQUITY BANK TANZANIA LIMITED AND ANOTHER CIVIL APPLICATION NO. 426/16 OF 2022 

      WAMBALI. J, GALEBA, J.A. AND KAIRO, J.AA., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-15)
      (i) Even if the respondent would have written the letter of reminder to the registrar of the high court within 14 days after expiry of 90 days still, he would not have supplied the requested copy of the proceedings the ...

    • VOLTALIA S. A. FRANCE VS. NEXTGEN SOLAWAZI LIMITED CIVIL APPEAL NO. 272 OF 2019 

      MWAMBEGELE, FIKIRINI, J.A.. And MAKUNGU. J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-15)
      (i) In the instance the Registrar of the High Court miscalculated the days spent in preparing and supplying the documents to the appellant the Certificate of delay is invalid. (ii) More often than not, the Court denied ...

    • JOVET TANZANIA LIMITED V.S BAVARIA N.V CIVIL APPLICATION NO. 207 OF 2018 

      MWARIJA, KOROSSO, J.A. AND LEVIRA, J.A J.A., (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 

      NDIKA, FIKIRINI, J.A. AND KIHWELO, J.A J.A (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 ...

    • SHAMSA SALIM HAMDUNI V.S THE ADMINISTRATOR GENERAL AND ANOTHER CIVIL APPLICATION NO. 360/01 OF 2020 

      NDIKA, FIKIRINI, J.A. AND KIHWELO, J.A J.A (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 

      NDIKA, FIKIRINI, J.A. AND KIHWELO, J.A J.A (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. 

      MWARIJA, SEHEL, J.A AND MAIGE, J.A J.A., (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 ...

    • JEREMIAH L. KUNSINDAH VS. LEILA JOHN KUNSINDAH 

      JUSTICE OF APPEAL, KITUSI, J.A.:; JUSTICE OF APPEAL, LILA. J.A., KOROSSO. J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2020-06-12)
      The estate of Leah L. Kunsindah who died on 28 January 2007 is yet to be administered to date because litigation over it has not come to an end. Presently there is this appeal for our disposal, in relation to the same.

    • PAUL JUMA VS. DIESEL & AUTO ELECTRIC SERVICES (DAS) LTD AND 2 OTHERS. 

      JUSTICE OF APPEAL, MSOFFE, J.A:; JUSTICE OF APPEAL, MASSATI, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-09-26)
      On 22/5/2006 Massati, J. dismissed Commercial Case No.34 of 2005 of the High Court of Tanzania (Commercial Division) on the ground that it was res judicata Commercial case No. 34 of 2002 of the same court. ...

    • AMINA KARIM JETHA VS. WAKF AND TRUST PROPERTY COMMISSION (As Administrator of the Estate of the late ALl SALIM ALl) 

      JUSTICE OF APPEAL, MBAROUK, J. A.; MZIRAY. J.A, NDIKA J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2017-12-07)
      When the appeal was called on for hearing, it transpired that the learned advocate for the respondent had earlier on 4-7-2017 filed his notice of preliminary objection made under Rule 107 (1) of the Court of Appeal Rules, 2009.

    • MOHAMED HAMIS MAWA V.S SELEMANI OMARY KIKWALA AND OMARY MMANGA NDUMBU. 

      JUSTICE OF APPEAL, OTHMAN, J. A; KIMARO, KAIJAGE, J.A J. A. (THE COURT OF APPEAL OF TANZANIA, MTWARA., 2016-08-01)
      When the appeal was called on to a hearing, the Court, suo motu, sought the position of the parties on the competence or otherwise of the appeal.

    • KHADIJA ABDUL KADIR V.S THE ADMINISTRATION OF HINDU UNION HOSPITAL. 

      JUSTICE OF APPEAL, MJASIRI, J.A.; RUTAKANGWA, MASSATI, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2011-02-14)
      This is an appeal from the decision of the High Court of Tanzania (Mlay, J.) sitting at Mwanza which was delivered on May 13, 2004. The appellant is unrepresented, appearing in person. The Respondent is represented by Mr. ...

    • ALl VUAI ALl V.S SUED MZEE SUED. 

      JUSTICE OF APPEAL, MBAROUK, J. A.; MZIRAY. J.A, NDIKA J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2017-11-29)
      When the appeal was called on for hearing, it transpired that the learned advocate for the respondent had earlier on 24-11-2017 filed his notice of preliminary objections.

    • PIUS KUHANGAIKA AND 2 OTHERS V.S COWI CONSULT (T) LTD. 

      JUSTICE OF APPEAL, LUANDA, J.A.; RUTAKANGWA, MJASIRI, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2009-03-16)
      This appeal was scheduled for hearing on 9/2/2009. However, three days prior to that date, Ms. Fatma Karume learned counsel for the respondent raised a preliminary objection, a notice of which was duly given as provided ...

    • SALAMA HAMISI AND HUSSEIN MGAYA V.S AKIDA HAMISI AKIDA AND 2 OTHERS. 

      JUSTICE OF APPEAL, LUANDA, J.A.; ORIYO, J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2008-12-22)
      This application has been taken out under rule 82 of the Court of Appeal Rules, Cap 141 (subsidiary legislation and hereinafter referred to as the Rules).

    • HEMEDI RAMADHANI AND 15 OTHERS V.S TANZANIA HARBOURS AUTHORITY. 

      JUSTICE OF APPEAL, KILEO, J.A.; KAJI, KIMARO, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-05-24)
      The Tanzania Harbours Authority, the respondent in this appeal, (herein after to be referred to as THA) has filed a notice of preliminary objections pursuant to rule 100 of the Court of Appeal Rules, 1979 against the appeal ...

    • YUSUFU NYABUNYA NYATURURYA V.S MEGA SPEED LINERS LIMITED AND SEPIDEH IN REM. 

      JUSTICE OF APPEAL, MWANGESI, J.A.; KOROSSO. J.A., LEVIRA, J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2020-12-12)
      The appellant herein, jYUSUFU NYABUNYA NYATURURYA, instituted proceedings in the High Court of Zanzibar sitting at Vuga, against the respondents MEGA SPEED LINERS LIMITED and SEPIDEH IN REM.

    • ZAINABU MWINJUMA V.S HUSSEIN ABDALLAH. 

      JUSTICE OF APPEAL, ORIYO, J.A; RUTAKANGWA, LUANDA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2011-11-14)
      The facts leading to the appeal may be briefly stated as follows: In or around December 1997, the respondent, Hussein Abdallah entered into an agreement with the appellant, Zainab Mwinjuma in that the respondent, a mason, ...

    • MIRAJI SHABANI V.S SAID ALLY. 

      JUSTICE OF APPEAL, MJASIRI, J.A.; KAIJAGE, MMILLA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, TANGA., 2016-06-25)
      This appeal arises from the decision of the High Court Land Division, in Land Case Appeal No. 12 of 2011 (Teemba, J.). The appellant, Miraji Shabani being dissatisfied with the decision of the District Land and Housing ...