Browsing Civil Procedure by Issue Date

Now showing items 1-20 of 20

    • ALNOOR SHARIFF JAMAL VS. BAHADUR EBRAHIM SHAMJI. 

      JUSTICE OF APPEAL., KILEO, J.A.; MSOFFE, KIMARO, J.A. J.A. (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.

    • DUNIA WORLDWIDE TRADING COMPANY LIMITED VS. CONSOLIDATED HOLDING CORPORATION. 

      JUSTICE OF APPEAL., OTHMAN, J. A; LUANDA, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2008-09-18)
      The Court has full discretionary powers over costs. In general terms, a successful party is justified in having a reasonable expectation that its proper costs would be compensated by the unsuccessful party unless there is ...

    • MUSHUTI FOOD SUPPLY LTD VS. CRDB BANK LTD AND 2 OTHERS. 

      JUSTICE OF APPEAL., MWARIJA, J.A.; MASSATI, MUGASHA. J.A . J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-03-29)
      "The court may at any time on the application or of its own motion transfer any proceedings from one Registry to another and any proceedings so transferred, and all documents shall be filed accordingly.

    • M/S GEORGES CENTRE LIMITED VS. THE HONOURABLE ATTORNEY GENERAL AND M/S. TANZANIA NATIONAL ROAD AGENCY. 

      JUSTICE OF APPEAL, KILEO, J.A.; RUTAKANGWA, MASSATI, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2016-07-25)
      This appeal is predicated on a procedural issue that was raised suo motu by the Court at the hearing of the appeal. For this reason, there will be no need for us to go into a consideration of the grounds of appeal that ...

    • NATIONAL INSURANCE CORPORATION OF (T) LIMITED VS. JACKSON MAHALI. 

      JUSTICE OF APPEAL., MBAROUK, J. A.; MWARIJA, LILA, J.A. J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-02-14)
      Where a Judge or magistrate is prevented by death transfer or other cause from concluding the trial of a Suit, his successor may deal with any evidence or memorandum taken down or made under the Foregoing rules as if ...

    • JOSEPH WASONGA OTIENO VS. ASSUMPTER NSHUNJU MSHAMA. 

      JUSTICE OF APPEAL., MUGASHA. J.A .; MUSSA, MWAMBEGELE, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-10-17)
      The appellant filed a memorandum of appeal with seven grounds of appeal. For reasons which will become apparent later, we have deemed it necessary not to reproduce the grounds of complaint.

    • OYSTERBAY VILLAS LIMITED VS. KINONDONI MUNICIPAL COUNCIL. 

      JUSTICE OF APPEAL., MWANGESI, J.A.; MUSSA, MWARIJA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-03-21)
      The decision of the trial Court aggrieved the appellant, who preferred an appeal to this Court challenging it. The appeal was however greeted with a notice of a preliminary objection that was lodged by the respondent on ...

    • SIMON NCHANGWA VS. MAJALIWA BANDE AND JOHN NYAKIBARI. 

      JUSTICE OF APPEAL., MUSSA, J.A.; MKUYE, WAMBALI. J.A. J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-09-28)
      An appeal shall not abate on the death of the appellant or respondent but the Court shall, on the application of any interested person, cause the legal representative of the deceased to be made a party in place of the deceased.

    • COMMISSIONER GENERAL (TRA) VS. CRJE ESTATE LIMITED. CIVIL APPEAL NO. 370 OF 2021 

      KWARIKO J.A.., KEREFU. J.A. And MAIGE. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-06)
      Held: (i)we are of the view that, in as long as it deals with a certificate of incentive under section 17 of the TIA, the authority is relevant in the instant case. Therefore, just like the Tribunal, we hold that, the ...

    • LEONARD DOMINIC RUBUYE t/a RUBUYE AGROCHEMICAL SUPPLIES VS. YARA TANZANIA LIMITED CIVIL APPEAL NO. 219 OF 2018. 

      LILA, MWANDAMBO, J.A. AND MASHAKA, J. A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-11)
      Held (i). It is a well settled position that the onus of proving existence or non-existence of any fact lies on the party asserting its existence or non-existence and in civil cases proof is at balance of probabilities ...

    • NORTH MARA GOLD MINE LIMITED VS. EMMANUEL MWITA MAGESA CIVIL APPEAL NO. 271 OF 2019. 

      MUGASHA, KEREFU, J.A. And KIHWELO. J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)
      (i) An appellate court, like this one, will only interfere with concurrent findings of fact only if it is satisfied that "they are on the face of it unreasonable or perverse" leading to a miscarriage of justice, or there ...

    • JOHN BARNABA MACHERA VS. NORTH MARA GOLD MINE LIMITED CIVIL APPEAL NO. 204 OF 2019. 

      KWARIKO. J.A., LEVIRA, J.A AND MWAMPASHI, J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-19)
      i)it is on record that two points of preliminary objection over time limitation were raised in alternative before the predecessor Judge and the decision thereof was delivered. The first preliminary objection was dismissed ...

    • CATS NET LIMITED VS. TANZANIA COMMUNICATION REGULATORY AUTHORITY CIVIL APPLICATION NO. 526/01 OF 2020. 

      MUGASHA, LEVIRA, J.A AND MWAMPASHI, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-04)
      1.The assertion on Mr. Cosatta's sickness becomes insignificant because even if it is true that he was sick to the extent of not being able to enter appearance, still he was supposed to so inform the Court before or at the ...

    • LAWRENCE MAGESA t/a JOPEN PHARMACY VS. FATUMA OMARY AND ANOTHER CIVIL APPEAL NO. 333 OF 2019 

      KWARIKO. J.A., KEREFU, J.A. And MAIGE. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-05)
      (i) We wish to preface our discussion by observing that this being a first appeal, we are entitled to review the evidence on record to satisfy ourselves whether the findings by the trial court were correct. This task is ...

    • BYTRADE TANZANIA LIMITED VS. ASSENGA AGROVET COMPANY LIMITED AND ANOTHER CIVIL APPEAL NO. 64 OF 2018. 

      NDIKA, KITUSI J.A. AND MAKUNGU, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-10-07)
      (i) The true principle of promissory estoppel is where one party has by his words or conduct made to the other a dear and unequivocal promise which is intended to create legal relations or effect a legal relationship to ...

    • ELIAS MASIJA NYANG'ORO AND 2 OTHERS VS. MWANANCHI INSURANCE COMPANY LIMITEDCIVIL APPEAL No. 278 OF 2019. 

      MKUYE, KENTE, J.A AND KIHWELO. J.A J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-19)
      (i) It is, perhaps, pertinent to observe that, the law in this Country, like the Laws of other jurisdictions, recognizes, that generally the High Court may set aside an ex-parte judgment upon an application being made by ...

    • JNM MINING SERVICES LTD VS. MINERAL ACCESS SYSTEMS TANZANIA LTD. CIVIL APPEAL NO. 395 OF 2019 

      MKUYE. J.A.., KIHWELO. J.A. And MAKUNGU. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-07)
      Held: (i)The function of the law of contract is to provide an effective and fair framework for contractual dealings and it is on that account that the function of courts is to enforce and give effect to the intention of ...

    • LAEMTHONG RICE CO. LTD VS. PRINCIPAL SECRETARY MINISTRY OF FINANCE ZANZIBAR. CIVIL APPEAL NO. 259 OF 2019. 

      MUGASHA. J.A.., KITUSI, J.A., And RUMANYIKA, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-08)
      Held (i). The Registrar has no powers to alter the judgment and decree of the Court in the execution.

    • M/S ROKO INVESTMENT CO. LTD TANZANIA ELECTRIC SUPPLY CO. LTD CIVIL APPEAL NO. 327 OF 2019 

      KOROSSO. J.A., GALEBA, J.A. AND MWAMPASHI, J.A (THE COURT OF APPEAL OF TANZANIA, TABORA., 2022-11-09)
      : (i) First and foremost, it is our observation that, the suit by the Respondent which is for the recovery of electricity charges amounting to TZS. 84,160,612.93, was properly brought under summary procedure. Under ...

    • LIGHTNESS DAMIANI AND 6 OTHERS VS. SAID KASIM CHAGEKA CIVIL APPLICATION NO. 450/17 OF 2020. 

      LILA, SEHEL, J.A AND MWAMPASHI, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-16)
      (I)In application for leave to appeal the grounds need not only be grounds of appeal but they may be arguable issues which attract the courts attention for having them put in proper legal perspectives. (II)In application ...