JUDGMENTS: Recent submissions

Now showing items 181-200 of 560

    • 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.

    • 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 ...

    • 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 ...

    • B.M.MBASSA VS. THE ATTORNEY GENERAL AND 2 OTHERS. 

      JUSTICE OF APPEAL, KAJI, J.A.:; JUSTICE OF APPEAL, Masanche, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-05-13)
      This appeal arises from the decision of the High Court at Mwanza (Masanche, J.) striking out the appellant. fs plaint in Civil Case No.4 of 1996 for want of cause of action.

    • ANTHONY LEONARD MSANZE AND ANOTHER VS. JULIANA ELIAS MSANZE AND 2 OTHERS. 

      JUSTICE OF APPEAL, JUMA, J.A.:; JUSTICE OF APPEAL, SAMBO, J. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2013-03-07)
      On 26th September, 2011 the High Court of Tanzania at Arusha (Sambo, J.) upheld preliminary points of objection and dismissed the appellants’ suit against the three respondents, for nullification of a sale and transfer of ...

    • HOTEL TRAVERTINE LTD VS. NATIONAL BANK OF COMMERCE. 

      JUSTICE OF APPEAL, RAMADHANI, J.A.: (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2006-12-14)
      This is a reference from the decision of Mr. RUMANYIKA, DR - CA as a Taxing Officer. The applicant lodged a bill of costs containing 22 items and totaling shs.58,448,522/40. The Taxing Officer taxed off items 2,6,18 ...

    • M/S SOPA MANAGEMENT LIMITED VS. M/S TANZANIA REVENUE AUTHORITY. 

      JUSTICE OF APPEAL, MUNUO, J.A.:; JUSTICE OF APPEAL, KILEO, J.A., MANDIA, J.A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2012-03-05)
      On the 26th September, 2000,the High Court of Tanzania, Mushi J. struck out Civil Case No. 22 of 1998 with costs for lack of jurisdiction to determine matters relating to hotel levy,sales tax, stamp duty and car benefit ...

    • FBME BANK LIMITED VS. JAET INTERNATIONAL LIMITED. 

      JUSTICE OF APPEAL, MWARIJA, J.A.:; JUSTICE OF APPEAL, MBAROUK. J.A, LILA, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-03-21)
      The respondent, JAET International Limited instituted a suit in the High Court (Commercial Division)claiming from the appellant,FBME Bank Limited, a total sum of USD 85,500 plus interest, costs and any other reliefs which ...

    • SYLIVESTER LWEGIRA BANDIO AND ANOTHER VS. NATIONAL BANK OF COMMERCE LIMITED. 

      JUSTICE OF APPEAL, MAIGE, J.A.:; JUSTICE OF APPEAL, MWAMBEGELE, J.A., LEVIRA, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-08)
      The Respondent, the National Bank of Commerce Limited, is a commercial bank duly licensed under the laws of Tanzania. It is indisputably the successor in title of the defunct National Bank of Commerce which was dissolved, ...

    • RASHID AKIBI NGUWA VS. RAMADHAN HASSAN KUTEYA AND ANOTHER 

      JUSTICE OF APPEAL, KAIRO, J.A.:; JUSTICE OF APPEAL, NDIKA, J.A., MWANDAMBO, J.A., (THE COURT OF APPEAL OF TANZANIA, DODOMA., 2021-11-05)
      This is a first appeal whereby the appellant impugns the decision of the High Court of Tanzania (Land Division) sitting at Dodoma which dismissed with costs his suit in Land Case No.2 of 2017. Briefly, the factual ...

    • JUMA JAFFER JUMA VS. MANAGER, PBZ LTD AND 2 OTHERS 

      JUSTICE OF APPEAL, NSEKELA, J.A.:; JUSTICE OF APPEAL, LUBUVA, J.A., MUNUO, J.A., (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2003-11-12)
      The appellant Juma Jaffer Juma, was the owner.of a right of occupancy registered under Title No.325 A-3 of 1987.On the 24.5.1994 the appellant executed Mkataba wa Mkopo wa Fedha (Loan Agreement) under which the first ...