JUDGMENTS: Recent submissions

Now showing items 201-220 of 560

    • AUSTACK ALPHONCE MUSHI VS. BANK OF AFRICA TANZANIA LTD AND ANOTHER CIVIL APPEAL NO.373 OF 2020 

      JUSTICE OF APPEAL, NDIKA J.A:; JUSTICE OF APPEAL, SEHEL. J.A., KENTE. J.A. (THE COURT OF APPEAL OF TANZANIA, MBEYA., 2021-09-25)
      In the High Court of Tanzania at Mbeya, Austack Alphonce Mushi (''the appellant"), sued Bank of Africa Tanzania Ltd. and Mabunda Auction Mart Co. Ltd.("the first and second respondents" respectively) for breach of a loan ...

    • STANBIC BANK TANZANIA LIMITED VS. ABERCROMBIE & KENT (T) LIMITED 

      JUSTICE OF APPEAL, MROSO, J.A.:; JUSTICE OF APPEAL, KALEGEYA, J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2006-08-03)
      The appellants who are represented by Mr. Mujulizi, learned advocate, were the losing party in a suit which was filed in the Commercial Division of the High Court at Dar es Salaam. They were aggrieved and appealed to this ...

    • SUNLON GENERAL BUILDING CONTRACTORS LTD AND 2 OTHERS VS. KCB BANK TANZANIA LIMITED. 

      JUSTICE OF APPEAL, MWARIJA, J.A.:; JUSTICE OF APPEAL, MWAMBEGELE, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-07-10)
      The respondent, KCB Tanzania Limited, a banking institution incorporated under the Companies Act [Cap. 212 R.E.2002) (the Companies Act) was the plaintiff in the High Court of Tanzania (Commercial Division) at Dar es ...

    • ZAIDIBARAKA AND 2 OTHERS VS. EXIM BANK (TANZANIA) LIMITED. 

      JUSTICE OF APPEAL, MWARIJA. J.A.:; JUSTICE OF APPEAL, NYANGARIKA, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-10-07)
      The respondent, Exim Bank (Tanzania) Limited was the plaintiff in the High Court of Tanzania (Commercial Division) at Dar es Salaam. It instituted a suit,Commercial Case No.38 of 2007 (the suit) against the appellants ...

    • MIC TANZANIA LIMITED VS. COMMERCIAL BANK OF AFRICA {T)LTD. 

      JUSTICE OF APPEAL, MUGASHA, J.A.:; JUSTICE OF APPEAL, MAKARAMBA, J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-06-22)
      The respondent (COMMERCIAL BANK OF AFRICA {T) LTD) sued the appellant (MIC TANZANIA LIMITED) for payment of the outstanding amount of Tshs.130,467,434/= plus interest being the sum of personal loans which were not repaid ...

    • RUNGWE FREIGHT & CONSTRUCTION CO. LTD AND ANOTHER VS. INTERNATIONAL COMMERCIAL BANK (T) LTD . 

      JUSTICE OF APPEAL, MWARIJA. J.A.:; JUSTICE OF APPEAL, SONGORO, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-02-08)
      The respondent, International Commercial Bank (T) Ltd filed a suit in the High Court of Tanzania (Commercial Division) against inter alia, the two appellants herein, Rungwe Freight & Construction Co.Ltd and Jimmy Brown ...

    • 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.

    • EVARIST JOHN KAWISHE VS. CRDB BANK LTD. 

      JUSTICE OF APPEAL, WAMBALI, J.A.:; JUSTICE OF APPEAL, NCHIMBI, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-03-07)
      The appellant is a customer of the respondent where he holds two,current accounts one registered in the name of Mkwa General Traders Ltd and another as Mount Evarist School Limited. The appellant also holds a Fixed Deposit ...

    • EXIM BANK (TANZANIA) LIMITED VS. DASCAR LIMITED AND JOHAN HARALD CHRISTER ABRAHMSSON 

      JUSTICE OF APPEAL, MASSATI, J.A.:; JUSTICE OF APPEAL, WEREMA, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-02-19)
      This is an appeal against the judgment of the High Court, Commercial Division (Werema, J.) dated 11th August, 2009.The appellant had sued the respondents for the recovery of Tshs, 40,063,788/= being, Tshs.10,000,000/= ...

    • BADRU ISSA BADRU VS. OMARI KILENDO 

      JUSTICE OF APPEAL, ORIYO, J.A.:; JUSTICE OF APPEAL, DE- MELLO, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-11-28)
      Apparently, in Land Appeal No.93 of 2009, in the High Court of Tanzania at Dar es Salaam, the applicant, Badru Issa Badru was not satisfied with the judgment and decree of the High Court delivered on 28/9/2012. He decided ...

    • METRO PETROLEUM TANZANIA LIMITED AND 3 OTHERS VS. UNITED BANK FOR AFRICA. 

      JUSTICE OF APPEAL., KITUSI J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-06-14)
      The applicants are judgment debtors in Commercial Case No. 98 of 2014 that proceeded ex parte and determined against them on 24th July 2015 by the Commercial Division of the High Court at Dar es Salaam.

    • TWIGA BANCORP LTD VS. GRAYSON KIONDO. 

      JUSTICE OF APPEAL., MUSSA, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-09-16)
      The applicant, a banking institution, is dissatisfied with the decision of the High Court (Commercial Division) in Commercial Case No. 19 of 2011. The decision desired to be impugned was pronounced on the11th of September ...

    • THE REGISTERED TRUSTEES OF ROMAN CATHOLIC CHURCH DIOCESE OF MOROGORO AND ANOTHER VS. TRAVELLERS LODGE COMPANY LIMITED. 

      JUSTICE OF APPEAL., MKUYE, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-07-05)
      The applicants, the Registered Trustees of Roman Catholic Church - Diocese of Morogoro and the Priest Incharge of Roman Catholic Church Bagamoyo Parish have, through the services of Dr. Lamwai learned advocate, brought ...

    • INTERCHICK COMPANY LIMITED VS. MWAITENDA AHOBOKILE MICHAEL. 

      JUSTICE OF APPEAL., NDIKA J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-03-08)
      By a notice of motion lodged on 14th July 2016 under Rule 10 of the Tanzania Court of Appeal Rules, 2009, Interchick Company Limited ("the Applicant'') applies for an extension of time to file written submissions in ...

    • 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 ...

    • MWAITENDA AHOBOKILE MICHAEL VS. INTERCHICK COMPANY LTD. 

      JUSTICE OF APPEAL., MUGASHA. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-12-02)
      This applicant, MWAITENDA AHOBOKILE MICHAEL by notice of motion under Rule 10 of the Court of Appeal Rules, 2009, (the Rules) is seeking for extension of time to file written submissions in opposition of Civil Appeal ...

    • LUPEMBE FARMERS CO- OPERATIVES JOINT ENTERPRISES LTD (MUVYLU) VS. DHOW MERCANTILE (EA) LIMITED AND 2 OTHERS. 

      JUSTICE OF APPEAL., MUSSA, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-06-06)
      The applicant is aggrieved by the decision of the High Court (Land Division) which was handed down on the 31st December 2014 (Mgeta, J.). On the 7th of January 2015, she contemporaneously lodged a Notice of Appeal ...

    • CRDB BANK PLC VS. FINN W. PETERSEN AND 3 OTHERS. 

      JUSTICE OF APPEAL., LILA, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-08-03)
      This is an application for an extension of time within which to lodge an application for a stay of execution of the judgment and decree of the High Court of Tanzania, Land Division in Land Case No. 255 of 2006 dated 26/8/2016 ...

    • ALLIANCE INSURANCE CORPORATION LIMITED VS. ARUSHA ART LIMITED. 

      JUSTICE OF APPEAL, MZIRAY.J,A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2016-05-25)
      By notice of motion made under Rule 10 of the Court of Appeal Rules, 2009 the Court is moved for an order that the applicant Alliance Insurance Corporation Ltd be granted an enlargement of time to file a notice of motion ...

    • SAMWEL KOBELO MUHULO VS. NATIONAL HOUSING CORPORATION. 

      JUSTICE OF APPEAL., NDIKA J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-07-24)
      By notice of motion made under rule 10 of the Tanzania Court of Appeal Rules, 2009 (the Rules), Samweli Kobelo Muhulo, the applicant herein, prays against the National Housing Corporation, the respondent, for an extension ...