JUDGMENTS: Recent submissions

Now showing items 281-300 of 560

    • ENOCK KALIBWAMI VS. AYOUB RAMADHANI AND 2 OTHERS. 

      JUSTICE OF APPEAL, MBAROUK, J.A.:; JUSTICE OF APPEAL, LILA, J.A., MWAMBEGELE, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-10-01)
      By way of notice of motion made under Rule 4(2) (b) and Rule 11(2) (b), (c), ( d) (i) and (ii) of the Tanzania Court of Appeal Rules, 2009 (the Rules) the applicant has moved this Court by seeking orders.

    • ANNA MAKANGA VS. GRACE WOISO. 

      JUSTICE OF APPEAL, KILEO, J.A.:; JUSTICE OF APPEAL, MSOFFE, J.A., KAJI, J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-03-23)
      This reference arises from the decision of a single judge of this Court striking out an application for stay of execution pending appeal to this Court. The respondent, Grace Woiso who appeared in person before us had filed ...

    • JOSEPH MLAPONI VS. SANDWICK MINING CONSTRUCTION (T) LTD 

      JUSTICE OF APPEAL, MMILLA, JA.:; JUSTICE OF APPEAL, LUANDA, J.A., MWARIJA, J.A. (THE COURT OF APPEAL OF TANZANIA, TABORA., 2017-08-02)
      This ruling addresses the preliminary objection on points of law raised by IMMA Advocates (Mwanza Branch), Part of DLA Piper Group, on behalf of the respondent, Sandwick Mining Construction (T) Limited, in Civil Appeal ...

    • MARTIN SIWA VS. SOPHIA KIVUGO 

      JUSTICE OF APPEAL, MJASIRI, J.A.:; JUSTICE OF APPEAL, KAIJAGE, J.A., MMILLA, J.A. (THE COURT OF APPEAL OF TANZANIA, TANGA., 2016-06-28)
      This appeal originates from the Mkuzi Ward Tribunal in Muheza District, Tanga Region. The appellant Martin Siwa is appealing from the decision of the High Court, in Misc. Land Appeal No. 65 of 2008 (Mzuna, J.) having ...

    • TIMOTHY DANIEL KILUMILE CO. LTD VS.HILLARY PATRICE OTAIGO t/a NYAKANGA FILLING STATION 

      JUSTICE OF APPEAL, MMILLA, J.A.:; JUSTICE OF APPEAL, JUMA. C.J., NDIKA. J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2020-03-24)
      The ruling delivered this 25the day of March, 2020 in the presence of Mr. Timothy Daniel Kilumile, Director of the Applicant and Mr. Joseph Patrice Otaigo, brother of the Hillary Patrice Otaigo for the respondent ...

    • MARIAM IDD (As Administratrix of the Estate of the late MBARAKA OMARI) V.S ABDULRAZACK OMARY LAIZER (As Administrator of the Estate of the late ABUBAKAR OMARI AND ANOTHER. 

      JUSTICE OF APPEAL, KAIJAGE, J.A; ORIYO, MUSSA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2013-06-17)
      At the centre of controversy between the parties herein are premises on Plot No. 5, Block ‘E’, Area ‘F’ registered under L.O No. 23952 situated within Arusha City.

    • ATTORNEY GENERAL, ZANZIBAR V.S ALGHUBRA MARINE SERVICES LTD. 

      JUSTICE OF APPEAL, MZIRAY.J,A.; MBAROUK, NDIKA J.A J.A. (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2017-12-11)
      There is before us an appeal from the ruling of the High Court of Zanzibar at Vuga (Makungu, C.J.) , in Civil Case No. 36 of 2016 dated io" day of April 2017 where the court made a decision in favour of the respondent.

    • SCAN-TAN TOURS LTD V.S THE REGISTERED TRUSTEES OF THE CATHOLIC DIOCESE OF MBULU. 

      JUSTICE OF APPEAL, MWAMBEGELE, J.A.; MBAROUK, NDIKA J.A J.A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2018-07-06)
      The appellant Scan-Tan Tours Ltd lost in a lawsuit she instituted in the High Court seeking a number of remedies against the respondent; the Registered Trustees of The Catholic Diocese of Mbulu. Dissatisfied, the appellant ...

    • MUNICIPAL DIRECTOR KINONDONI MUNICIPAL COUNCIL V.S N.W. BUILDERS LIMITED. 

      JUSTICE OF APPEAL, JUMA, J.A; MBAROUK, JUMA, J.A J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-08-10)
      This is an appeal from the Ruling of the High Court Commercial Division (Makaramba, J.) given following an application in which the respondent, N.W. BUILDERS LIMITED, made under Order XXI Rules 9 and 10 of the Civil Procedure ...

    • MURTAZA MOHAMED RAZA VIRANI V.S MEHBOOB HASSANALI VERSI. 

      JUSTICE OF APPEAL, ORIYO, J.A; MSOFFE, MANDIA, J.A J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2011-02-22)
      This is an appeal arising from a preliminary decree or order of the trial High Court where the appellant, had, in his Written Statement of Defence, made an admission to part of the claim in the plaint.

    • MOHAMMED SULEIMAN MOHAMED V.S AMNE SALUM MOHAMED AND 10 0THERS. 

      JUSTICE OF APPEAL, MWARIJA, J.A.; NDIKA, KEREFU, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2019-12-03)
      The appellant, Mohamed Suleiman Mohamed was dissatisfied with the judgment and decree of the High Court of Zanzibar sitting at Vuga (Issa, J.) dated 251412017 in Civil Appeal No. 65 of 2016. The impugned judgment and the ...

    • RAMADHANI A. KIDAGAA V.S MAYASA ABDALLAH ASIA ABDALLAH. 

      JUSTICE OF APPEAL, MUNUO, J.A.; BWANA, OTHMAN, J. A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2009-03-20)
      The appellant, Ramadhani Kidagaa, lodged the present appeal on the 14th of July 1994, to challenge the decision of the High Court, before Mwaikasu, J., on the 8th of July 1994 in Probate and Administration Cause No. 21 of 1992.

    • VENANCE NYARINGA KAZURI V.S ELDAD MWASINGWA SOSPETER. 

      JUSTICE OF APPEAL, KAIJAGE, J.A; KIMARO, MANDIA, J.A J. A. (THE COURT OF APPEAL OF TANZANIA, MBEYA., 2012-11-23)
      This Ruling is subsequent to the arguments presented on behalf of the parties to the present appeal on a preliminary point of objection Notice of which was lodged on 16/11/2012 by Mr. Mushokorwa learned counsel who advocated ...

    • PATRICE P. MWAIGOMOLE V.S ROBERT EDWARD HAWKINS AND ANOTHER. 

      JUSTICE OF APPEAL, MUNUO, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2008-06-17)
      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 ...

    • IMELDA OMARI AND 18 OTHERS V.S TANZANIA PORTS CORPORATION. 

      JUSTICE OF APPEAL, KILEO, J.A.; MUNUO, LUANDA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2003-09-22)
      On 22nd September 2003, in the High Court of Tanzania, at Dar es salaam, a ruling revising proceedings in Employment Civil Cause No 137 of 1996 of the Resident Magistrate’s Court of Dar es salaam at Kisutu was delivered.

    • YUNUS KASHAKALA V.S ANTHONY HAJI. 

      JUSTICE OF APPEAL, MKUYE, J.A.; MWANDAMBO, KITUSI J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-10-27)
      Before the Resident Magistrate's Court of Dar es Salaam at Kisutu, the applicant, vide Civil Case No. 239 of 2011, sued the respondent for malicious prosecution claiming damages to the tune of Tshs. 70,000,000/= for ...

    • JOHN NYAKIMWI V.S THE REGISTERED TRUSTEES OF CATHOLIC DIOCESE OF MUSOMA. 

      JUSTICE OF APPEAL., MWANDAMBO, J.A.; MUGASHA, LEVIRA, J.A J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2019-12-02)
      John Nyakimwi, the applicant has by way of notice of motion moved the Court under rules 89(2) and 91(a) of the Court of Appeal Rules, 2009 (the Rules). It is sought to strike out a notice of appeal from the decision of the ...

    • SUZANA MSIGALA V.S ERICK MSIGALA. 

      JUSTICE OF APPEAL., MZIRAY.J,A.; LUANDA. J.A ., MMILLA, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-07-28)
      By Notice of Motion filed in this Court on the 25th day of August, 2012, the Applicant, represented by Mr. Mpale Mpoki from Mpoki and Associates Advocates, applied to this Court to have the Notice of Appeal filed by the ...

    • THE REGISTERED TRUSTEES OF KAGERA FARMERS’ TRUST FUND V.S CRDB BANK LIMITED. 

      JUSTICE OF APPEAL., MJASIRI, J.A.; MASSATI, MUGASHA. J.A . J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-08-26)
      This is an application to strike out a Notice of Appeal brought under Rule 89(2) of the Tanzania Court of Appeal Rules, 2009 (the Court Rules).

    • HILDA MSUMARI V.S TANZANIA PORTLAND CEMENT CO. LTD. 

      JUSTICE OF APPEAL., ORIYO, J.A; NSEKELA, KALEGEYA, J. A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2010-10-12)
      Before the Court was an application by way of a Notice of Motion made under Rules 89(2) and 91(a) of the Tanzania Court of Appeal Rules, 2009, hereinafter to be referred to as the Court Rules,