The said grounds one, two and four are not grounds of review envisaged under Rule 66 (1) (a) of the Rules as they require the Court to re-asses the evidence. The raised grounds do not depict an obvious or patent error ...

The applicant, Patrice Mwaigomole, through the services of Mr. Hyera, learned advocate, brought a Notice of Motion under the provisions of Rule 82 of the Court Rules, 1979, Cap 141 (Subsidiary Legislation) R.E. 2002, seeking ...

1.Where an Affidavit mentions another person, it will be hearsay unless there is an affidavit of that other person supporting the fact. 2.Where the intending appellant has lodged notice of appeal and failed to lodge an ...

1.the Court is mandated to stay execution of a decree or order of the High Court or Tribunal which is about to be executed while there is a pending appeal against such decree or order. 2.It is settled law that, a stay to ...

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 ...

Held; 1. Submissions are not evidence but information expounding on the general features of the party's case. The Court restated this principle based what was decided in the case of Khalid Mwisongo v. M/S Unitrans (T) ...

This ruling is in respect of preliminary objection which has been raised by the respondent to the appeal that has been preferred by the appellant to challenge the judgment and decree of the High Court in Land Case No. 155 of 2010.

1. Equally in the circumstances of the present case where the appellant alleges that the trial court had no jurisdiction to determine the matter placed before it. In our view, such illegality could not be left unnoticed ...

: (i) The applicant did not comply with the mandatory requirement of the law which requires service of the notice of motion to be done within fourteen (14) days from the date of filing and this omission as the court have ...

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 ...