Certificate of Delay

 

Recent Submissions

  • LIFE PROMOTERS SOCIETY TANZANIA VS. HIPPOLITUS PAMPHIL NJAU. CIVIL APPLICATION NO. 269/05 OF 2019 

    JUMA. CJ.., NDIKA. J.A. And MAKUNGU. J.A. (THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-09-23)
    (i) The intended appeal ought to have been lodged within sixty days from 1/10/2018 when the notice of appeal was filed. The said limitation period expired on or about 30/11/2018. Since by that time no appeal was lodged, ...

  • AMIE SADICK SANGA VS. NATIONAL BANK OF COMMERCE LIMITED. CIVIL APPLICATION NO. 105/17 OF 2021 

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

  • CONTINENTAL SERVICES LIMITED VS. CHINA RAILWAY JIANCHANG ENGINEERING CO. (T) LIMITED CIVIL APPEAL NO. 184 OF 2018 

    MWARIJA, KEREFU. J.A And MWAMPASHI. J.A. J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-01)
    i. The Registrar must state in very dear terms that the days to be excluded in computing the period of limitation are those from the time when the appellant requested for copies o f proceedings to the date he notified him ...

  • RAYMOND OBED KITILYA VS. THE COMMISSIONER FOR LANDS MINISTRY OF LANDS, HOUSING AND HUMAN SETTLEMEN AND 2 OTHERS CIVIL APPEAL NO. 85 OF 2016. 

    MWAMBEGELE, FIKIRINI, J.A.. And MAKUNGU. J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)
    1. It is now settled that the time limit within which to serve letters requesting documents from the Registrar is thirty days (30) from the date of lodging notice of appeal as intimated under Rule 90(1) of the Court of ...

  • YAZIDI KASSIM T/A YAZIDI AUTO ELECTRIC REPAIRS VS. THE HON. ATTORNEY GENERAL. 

    JUSTICE OF APPEAL., MBAROUK, J.A.:; JUSTICE OF APPEAL, MKUYE, J.A. WAMBALI, J.A. (THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2018-08-30)
    This is an appeal from the judgment and decree of the High Court of Bukoba (Mwangesi, J. as he then was) dated 29th April, 2016 in Civil Case No. 6 of 2001. The appellant, Yazidi Kassim t/a Yazidi Auto Electric Repairs ...

  • TANZANIA OCCUPATIONAL HEALTH SERVICES VS. MRS. AGRIPINA BWANA AND MR.JULIUS BWANA. 

    JUSTICE OF APPEAL., MWANDAMBO, J.A.:; JUSTICE OF APPEAL, MKUYE. J.A., KOROSSO. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-03-30)
    It has been compelling to dispose of this appeal by this ruling on a narrow but very fundamental issue regarding its competence touching on our jurisdiction to determine the merits of it as it will become apparent shortly.

  • OMARY SHABAN! NYAMBU VS. PERMANENT SECRETARY MINISTRY OF DEFENCE. 

    JUSTICE OF APPEAL, MKUYE, J.A.; JUSTICE OF APPEAL., Lila, Mziray, Kaduri, JJJ. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-02-24)
    In the High Court, the appellant had lodged a petition titled Miscellaneous Civil Cause No. 15 of 2013 contending that his basic human rights were violated. He moved the Court under the provisions of Articled13(1), (4) ...

  • PAULINA SAMSON NDAWAVYA VS. THERESIA THOMAS MADAHA. 

    JUSTICE OF APPEAL., WARIJA. J.A.:; JUSTICE OF APPEAL., MUGASHA, J.A., NDIKA, J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2018-10-11)
    The appellant, Paulina Samson was the plaintiff in the High Court of Tanzania (Mwanza District Registry) in Land Case No.44 of 2012. She instituted the suit seeking inter alia,to be declared the lawful owner of a plot ...

  • ABDALLAH MBARAKA NAHDI VS. MANSOUR INDUSTRIES LTD. 

    JUSTICE OF APPEAL, MWAMBEGELE, J.A.; JUSTICE OF APPEAL, MBAROUK,J.A., MKUYE, J.A. (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 ...

  • KAEMBA KATUMBU VS. SHULE YA SEKONDARI MWILAMVYA. 

    JUSTICE OF APPEAL, SEHEL, J.A.:; JUSTICE OF APPEAL, MKUYE, J. A., GALEBA, J. A. (THE COURT OF APPEAL OF TANZANIA, KIGOMA., 2021-07-16)
    By notice of motion, the applicant seeks for an order of the Court that the notice of appeal filed by the respondent on 30th August,2019 against the judgment and decree in Labour Revision No.4 of 2018 be struck out. The ...

  • BRITAM INSURANCE TANZANIA LIMITED VS. EZEKIEL KINGONGOGO AND ANOTHER. 

    JUSTICE OF APPEAL, LEVIRA. J.A.:; JUSTICE OF APPEAL, MWAMBEGELE, J.A., MAIGE, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-07)
    The appellant was not satisfied with the decision of the High Court of Tanzania (Kulita, J.) in Civil Appeal No.251 of 2017 delivered on 20th September, 2019 and thus has instituted this appeal with the view to challenge ...

  • JACOB BUSHIRI VS. MWANZA CITY COUNCIL AND 2 OTHERS. 

    JUSTICE OF APPEAL, KIHWELO, J .A.:; JUSTICE OF APPEAL, MWAMBEGELE, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-07-14)
    This appeal emanates from the decision of the High Court of Tanzania at Mwanza in Land Appeal No.27 of 2010 in which the High Court of Tanzania endorsed the decision of the District Land and Housing Tribunal in Tanzania ...

  • BULYANHULU GOLD MINE LIMITED AND 2 OTHERS VS. PETROLUBE (T) LIMITED AND ANOTHER 

    JUSTICE OF APPEAL, KIHWELO, J .A.:; JUSTICE OF APPEAL, MWARIJA. J.A., KOROSSO. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-29)
    The facts of this appeal are quite simple and straight forward and the sequence of events leading to this appeal can be summarized as follows: The appellants and the respondents entered into separate agreements for the ...

  • ABSA BANK TANZANIA LIMITED (FORMERLY KNOWN AS BARCLAYS BANK TANZANIA LTD AND ANOTHER VS. HJORDIS FAMMESTAD. 

    JUSTICE OF APPEAL, KOROSSO, J.A.:; JUSTICE OF APPEAL, MKUYE, J.A., KIHWELO, J.A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2021-10-01)
    Hjordis Fammestad, the respondent herein, successfully sued the appellants vide Commercial Case No.6 of 2018, claiming for payment of USD 335,121.59 being the amount withdrawn allegedly without her authorization plus ...