JUDGMENTS: Recent submissions

Now showing items 261-280 of 560

    • K.S.F. KISOMBE VS. TANZANIA HARBOURS AUTHOTIRY AND OTHERS. 

      JUSTICE OF APPEAL, KAJI, J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-08-17)
      In a notice of motion made under Rule 104 of the Court of Appeal Rules, 1979, the applicant, K.S.F. Kisombe, through his advocate Mr. Kashumbugu, is moving the court to grant him leave to amend the record of appeal.

    • DIAMOND TRUST BANK TANZANIA LIMITED VS. PUMA ENERGY TANZANIA LIMITED. 

      JUSTICE OF APPEAL, MWAMBEGELE, J.A.; MZIRAY. J.A, NDIKA J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-09-16)
      The million-dollar issue which this ruling must answer is whether an order made after dismissal of a suit under the provisions of Order XVIII rule 3 of the Civil Procedure Code, Cap. 33 of the Revised Edition, 2002 (henceforth ...

    • MIRAJI AYUBU KIMEZA vs. JUMANNE MUSSA KIMEZA. 

      JUSTICE OF APPEAL, MWAMBEGELE, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-10-19)
      The applicant Miraji Ayubu Kimeza, by a notice of motion taken out under the provisions of rule 10 of the Tanzania Court of Appeal Rules, 2009 - GN No. 368 of 2009 (hereinafter referred to as the Rules), applies for extension ...

    • JULIUS P. K. NKONYA vs. WILLIAM MICHAEL KUDOJA. 

      JUSTICE OF APPEAL, WAMBALI. J.A.; MUSSA, MKUYE, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-10-10)
      The applicant, Julius Peter Nkonya (as the legal representative of the late Canius Mbusa) through the services of Mr. Howa Hiro Msefya, learned advocate has lodged this application under Rule 111 of the Tanzania Court of ...

    • JEREMIAH L. KUNSINDAH VS. LEILA JOHN KUNSINDAH 

      JUSTICE OF APPEAL, KITUSI, J.A.:; JUSTICE OF APPEAL, LILA. J.A., KOROSSO. J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2020-06-12)
      The estate of Leah L. Kunsindah who died on 28 January 2007 is yet to be administered to date because litigation over it has not come to an end. Presently there is this appeal for our disposal, in relation to the same.

    • PAUL JUMA VS. DIESEL & AUTO ELECTRIC SERVICES (DAS) LTD AND 2 OTHERS. 

      JUSTICE OF APPEAL, MSOFFE, J.A:; JUSTICE OF APPEAL, MASSATI, J. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-09-26)
      On 22/5/2006 Massati, J. dismissed Commercial Case No.34 of 2005 of the High Court of Tanzania (Commercial Division) on the ground that it was res judicata Commercial case No. 34 of 2002 of the same court. ...

    • AMINA KARIM JETHA VS. WAKF AND TRUST PROPERTY COMMISSION (As Administrator of the Estate of the late ALl SALIM ALl) 

      JUSTICE OF APPEAL, MBAROUK, J. A.; MZIRAY. J.A, NDIKA J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2017-12-07)
      When the appeal was called on for hearing, it transpired that the learned advocate for the respondent had earlier on 4-7-2017 filed his notice of preliminary objection made under Rule 107 (1) of the Court of Appeal Rules, 2009.

    • MOHAMED HAMIS MAWA V.S SELEMANI OMARY KIKWALA AND OMARY MMANGA NDUMBU. 

      JUSTICE OF APPEAL, OTHMAN, J. A; KIMARO, KAIJAGE, J.A J. A. (THE COURT OF APPEAL OF TANZANIA, MTWARA., 2016-08-01)
      When the appeal was called on to a hearing, the Court, suo motu, sought the position of the parties on the competence or otherwise of the appeal.

    • KHADIJA ABDUL KADIR V.S THE ADMINISTRATION OF HINDU UNION HOSPITAL. 

      JUSTICE OF APPEAL, MJASIRI, J.A.; RUTAKANGWA, MASSATI, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2011-02-14)
      This is an appeal from the decision of the High Court of Tanzania (Mlay, J.) sitting at Mwanza which was delivered on May 13, 2004. The appellant is unrepresented, appearing in person. The Respondent is represented by Mr. ...

    • ALl VUAI ALl V.S SUED MZEE SUED. 

      JUSTICE OF APPEAL, MBAROUK, J. A.; MZIRAY. J.A, NDIKA J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2017-11-29)
      When the appeal was called on for hearing, it transpired that the learned advocate for the respondent had earlier on 24-11-2017 filed his notice of preliminary objections.

    • PIUS KUHANGAIKA AND 2 OTHERS V.S COWI CONSULT (T) LTD. 

      JUSTICE OF APPEAL, LUANDA, J.A.; RUTAKANGWA, MJASIRI, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2009-03-16)
      This appeal was scheduled for hearing on 9/2/2009. However, three days prior to that date, Ms. Fatma Karume learned counsel for the respondent raised a preliminary objection, a notice of which was duly given as provided ...

    • SALAMA HAMISI AND HUSSEIN MGAYA V.S AKIDA HAMISI AKIDA AND 2 OTHERS. 

      JUSTICE OF APPEAL, LUANDA, J.A.; ORIYO, J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2008-12-22)
      This application has been taken out under rule 82 of the Court of Appeal Rules, Cap 141 (subsidiary legislation and hereinafter referred to as the Rules).

    • HEMEDI RAMADHANI AND 15 OTHERS V.S TANZANIA HARBOURS AUTHORITY. 

      JUSTICE OF APPEAL, KILEO, J.A.; KAJI, KIMARO, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-05-24)
      The Tanzania Harbours Authority, the respondent in this appeal, (herein after to be referred to as THA) has filed a notice of preliminary objections pursuant to rule 100 of the Court of Appeal Rules, 1979 against the appeal ...

    • YUSUFU NYABUNYA NYATURURYA V.S MEGA SPEED LINERS LIMITED AND SEPIDEH IN REM. 

      JUSTICE OF APPEAL, MWANGESI, J.A.; KOROSSO. J.A., LEVIRA, J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2020-12-12)
      The appellant herein, jYUSUFU NYABUNYA NYATURURYA, instituted proceedings in the High Court of Zanzibar sitting at Vuga, against the respondents MEGA SPEED LINERS LIMITED and SEPIDEH IN REM.

    • ZAINABU MWINJUMA V.S HUSSEIN ABDALLAH. 

      JUSTICE OF APPEAL, ORIYO, J.A; RUTAKANGWA, LUANDA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2011-11-14)
      The facts leading to the appeal may be briefly stated as follows: In or around December 1997, the respondent, Hussein Abdallah entered into an agreement with the appellant, Zainab Mwinjuma in that the respondent, a mason, ...

    • MIRAJI SHABANI V.S SAID ALLY. 

      JUSTICE OF APPEAL, MJASIRI, J.A.; KAIJAGE, MMILLA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, TANGA., 2016-06-25)
      This appeal arises from the decision of the High Court Land Division, in Land Case Appeal No. 12 of 2011 (Teemba, J.). The appellant, Miraji Shabani being dissatisfied with the decision of the District Land and Housing ...

    • MAKOMOLWA MATEPELI SHIJA V.S MWANAHAMISI ALLY NONGWA (Legal Representative of KIDAWA SElF (deceased) 

      JUSTICE OF APPEAL, MWANGESI, J.A.; MWARIJA, KWARIKO, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-06-21)
      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.

    • KASANZU LUSASULA (Administrator of the Estate of the late Lusasula Hubigi) V.S LUGITO BULAYI. 

      JUSTICE OF APPEAL, MASSATI, J.A.; MUSSA, MWARIJA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, TABORA., 2016-04-15)
      This matter originates from a decision made by Sagata Ward Tribunal in a land dispute between Lugito Bulayi (the Respondent) and Lusasula Hubigi, who is described in the record of appeal as late The piece of land is about ...

    • CHINA RAILWAY JIANCHANG ENGINEERING V.S CONTINENTAL SERVICES LIMITED. 

      JUSTICE OF APPEAL, KAIJAGE, J.A; MBAROUK, MJASIRI, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-04-21)
      CONTINENTAL SERVICES LTD, the respondent herein, was a losing party in Dar es Salaam High Court (Commercial Division) Misc. Commercial Cause No. 172 of 2013.

    • JIREYS NESTORY MUTALEMWA VS. NGORONGORO CONSERVATION AREA AUTHORITY. 

      JUSTICE OF APPEAL, LILA, J.A.:; JUSTICE OF APPEAL, NDIKA, J.A., MWAMBEGELE, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-02-04)
      We find it worthy stating at the outset that this matter has a protracted background. We shall demonstrate. This application is predicated under Rules 45(b), 46(1), 47 and 48(1) of the Tanzania Court of ...