JUDGMENTS: Recent submissions
Now showing items 141-160 of 560
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DIRECTOR MOSHI MUNICIPAL COUNCIL VS. JOHN AMBROSE MWASE. CIVIL APPEAL NO. 245 OF 2017
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2019-04-10)i) It is a settled law that in civil cases that who alleges must proof which is a basis of Section 110 of the Evidence Act, [Cap 6 R. E 2019]. The Court cited with approval the holding in the case of Anthony M. Masanga V. ... -
AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED CIVIL APPEAL NO. 206 OF 2017
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-12-13)It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to say, Order ... -
MILLENIUM COACH LIMITED VS AFRICARRIERS LIMITED.CIVIL APPEAL NO. 323 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)i) It is trite law that ownership of a commodity bought on hire purchase basis can only pass upon payment of all the installments. ii) It is trite law that, he who alleges the existence of a certain fact is duty bound to ... -
MATHEW MLAY VS. RASHID MAJID KASENGA CIVIL APPLICATION NO. 354/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)i. It is common ground that appeals that do not automatically lie to the Court, may only be preferred with leave or certificate on point of law. ii. Certificate on a point of law becomes a requirement when a party intends ... -
EXIM BANK TANZANIA LIMITED VS. YAHAYA HAMISI MUSA (As the Administrator of the Estate of the Late HAMISI MUSA MOHAMED t/a AND ANOTHER CIVIL APPEAL NO. 275 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-28)1. In the light of the stated position of the law, although a suit preferred against a dead person is a nullity it is as well incompetent and not capable of being dismissed. Given the circumstances, the proper remedy herein ... -
JOVET TANZANIA LIMITED V.S BAVARIA N.V CIVIL APPLICATION NO. 207 OF 2018
(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 ... -
KIBO CORRIDOR LIMITED VS. RAVJI INVESTMENTS COMPANY LIMITED CIVIL APPLICATION NO. 322/05 OF 2022.
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-09-23)(i) Given the tone of the contemporary Rules of the Court, particularly rule 113 (1), an application to argue additional grounds of appeal rarely provokes resistance. More so, in the court view, when the grounds, without ... -
AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED CIVIL APPEAL NO. 206 OF 2017.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-12-13)(i). It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to say, ... -
AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED. CIVIL APPEAL NO. 206 OF 2017
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-12-13)Held (i). It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to ... -
BUKOBA MUNICIPAL COUNCIL VS. NEW METRO MERCHANDISE. CIVIL APPEAL NO, 374 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2022-07-11)Held (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 ... -
DIRECTOR MOSHI MUNICIPAL COUNCIL VS. JOHN AMBROSE MWASE. CIVIL APPEAL NO. 245 OF 2017.
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2019-04-10)Held i)It is a settled law that in civil cases that who alleges must proof which is a basis of Section 110 of the Evidence Act, [Cap 6 R. E 2019]. The Court cited with approval the holding in the case of Anthony M. Masanga ... -
MUFINDI PAPER MILLS LIMITED VS. IBATU VILLAGE COUNCIL AND 3 OTHERS CIVIL REVISION NO. 555/17 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-19)HELD We are, in this case settled in our mind that whereas the applicant was not made a party to the proceedings, nevertheless the title that she claimed in the suit land was extinguished without her being heard. On ... -
JM HAULIERS LIMITED VS. ACCESS MICROFINANCE BANK (TANZANIA) LIMITED. CIVIL APPEAL NO. 274 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-24)Held; i.The appellant did not heed to the default notice, thus cannot be heard now to dispute the notice dully served upon him but he rejected it and wa admitted in evidence without objection. ii.Where a mortgagee is ... -
JOVET TANZANIA LIMITED VS. BAVARIA N. V. CIVIL APPLICATION NO. 207 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-08-06)Held; 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 ... -
SIMBA MOTORS (T) LIMITED VS. TANZANIA AUTOMOBILE MANUFACTURING CO. LTD AND ANOTHER.CIVIL APPEAL NO. 264 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-29)HELD 1.In the light of the above, we join hands with the learned counsel for the parties that since at the time of institution of the suit TAMCO had already been declared a specified public corporation, then the appellant ... -
ABDUL IBRAHIM VS. AYUBU MWALEMBA AND THE REGISTERED TRUSTEE OF BAKWATA CIVIL APPLICATION NO. 642/06 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-10-05)1.With great respect, the preliminary objection which concerns with time bar to the present application is misconceived. Frankly speaking, I did not understand if Mr. Mwanri meant it that, an application for extension of ... -
MARY AGNES MPELUMBE V.S SHEKHA NASSER HAMAD CIVIL APPEAL NO. 136 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-11-04)(i) We are also guided by the basic rule that he who alleges has the burden of proof as per section 110 of the Evidence Act, Cap. 6 R.E. 2019. (ii) Standard of proof in a civil case is on a preponderance of probabilities, ... -
MILLENIUM COACH LIMITED VS AFRICARRIERS LIMITED.CIVIL APPEAL NO. 323 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)i)It is trite law that ownership of a commodity bought on hire purchase basis can only pass upon payment of all the installments. ii)It is trite law that, he who alleges the existence of a certain fact is duty bound to ... -
DIRECTOR MOSHI MUNICIPAL COUNCIL VS. JOHN AMBROSE MWASE. CIVIL APPEAL NO. 245 OF 2017
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2019-04-10)i)It is a settled law that in civil cases that who alleges must proof which is a basis of Section 110 of the Evidence Act, [Cap 6 R. E 2019]. The Court cited with approval the holding in the case of Anthony M. Masanga V. ... -
LIFE PROMOTERS SOCIETY TANZANIA VS. HIPPOLITUS PAMPHIL NJAU. CIVIL APPLICATION NO. 269/05 OF 2019
(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, ...
