JUDGMENTS: Recent submissions

Now showing items 301-320 of 560

    • CRDB BANK LIMITED V.S GEORGE MATHEW KILINDU. 

      JUSTICE OF APPEAL., MSOFFE, J. A.; KALEGEYA, J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2006-07-10)
      This is an application to strike out a notice of appeal dated 1/6/1999 lodged by the respondent against the decision of the High Court (DSM) given on 20/5/1999 in Civil Case No. 269/1996. The application is supported by ...

    • KONDOA PAINTERS AND DECORATION TRUST FUND VS. KONDOA DISTRICT COUNCIL 

      JUSTICE OF APPEAL, JUMA, C.J.:; JUSTICE OF APPEAL, MWARIJA, J.A. MZIRAY,J.A. (THE COURT OF APPEAL OF TANZANIA, DODOMA., 2018-07-04)
      On the 11th October 2017,KONDOA PAINTERS AND DECORATION TRUST FUND (the applicant) filed the instant notice of motion which is brought under Rule 89 (2) of the Tanzania Court of Appeal Rules, 2009 (hereinafter referred ...

    • ASGARALI HABIB KASSAM MANJI VS. NATIONAL HOUSING CORPORATION. 

      JUSTICE OF APPEAL, KAIJAGE, J.A.; JUSTICE OF APPEAL, MJASIRI, J.A.,MMILLA, J.A. (THE COURT OF APPEAL OF TANZANIA, TANGA., 2016-06-25)
      The applicant was a successful party in Tanga High Court Civil Appeal No. 22 of 2004. Dissatisfied by the decision of that Court which was pronounced on 19/12/2006, the respondent, a losing party, lodged a Notice of ...

    • ASSIYA MPWAGA VS. EYAZALI MCHAPE AND 3 OTHERS. 

      JUSTICE OF APPEAL, KIMARO, J.A.:; JUSTICE OF APPEAL, OTHMAN ,C.J., MUGASHA, J.A. (THE COURT OF APPEAL OF TANZANIA, MBEYA., 2016-04-22)
      The respondents were aggrieved by the judgment of the High Court (Karua, J) in Land Appeal No. 6 of 2010 dated 11th June 2013. They filed a notice of appeal intending to appeal against the decision of the High Court. The ...

    • PARDEEP SINGH HANS V.S MEREY ALLY SALEH AND 3 OTHERS. 

      JUSTICE OF APPEAL, MWAMPASHI, J.A; NDIKA, GALEBA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-08)
      By way of a notice of motion made under Rules 89 (2) and 48 (1) of the Tanzania Court of Appeal Rules, 2009 as amended (the Rules), the applicant is moving the Court to issue an order for striking out the notice of appeal ...

    • PAUL FRANCIS KILASARA V.S STANBIC BANK TANZANIA LTD. 

      JUSTICE OF APPEAL, MWANDAMBO, J.A.; WAMBALI, MASHAKA, J.A J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-05)
      On 6/12/2018, the High Court, sitting at Dar es Salaam, dismissed an appeal by Stanbic Bank Tanzania Limited, the respondent in Civil Appeal No. 202 of 2017.

    • PHOENIX OF TANZANIA ASSURANCE COMPANY LTD V.S JILALA JULIUS KAKENYELI 

      JUSTICE OF APPEAL, WAMBALI, J.A.; MKUYE, GALEBA, J.A. J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-07)
      On 20th October 2005 the respondent, Jilala Julius Kakenyeli was a passenger in a min bus Toyota Hiace (commonly known by its operational name as Daladala) with registration No. T448 AFY which was traveling along Nyerere ...

    • POWER ONE AFRICA UMITED VS. ZANZIBAR TELECOM LIMITED. 

      JUSTICE OF APPEAL, MWANDAMBO, J.A.:; JUSTICE OF APPEAL, WAMBALI, J.A., KITUSI, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-05)
      Zanzibar Telecom Limited, the respondent, lost to Power One Africa Limited, the applicant, before the High Court (Commercial Division) in a judgment delivered on 13/12/2018 in Commercial Case No.108 of 2016. ...

    • YUSUF HAMISI MUSHI AND ZAMZAM YUSUF MUSHI V.S ABUBAKARI KHALID HAJJ GEMACO AUCTION MART AND 2 OTHERS. 

      JUSTICE OF APPEAL, WAMBALI, J.A.; MKUYE, GALEBA, J.A. J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-12)
      The applicants, Yusuf Hamis Mushi and Zamzam Yusuf Mushi instituted Land Case No. 142 of 2016 before the High Court of Tanzania, Land Division at Dar es Salaam against the respondents; Abubakar Khalid Hajj, GEMACO Auction ...

    • KISIOKI EMMANUEL V.S ZAKARIA EMMANUEL. 

      JUSTICE OF APPEAL, NDIKA J.A; MBAROUK, MWAMBEGELE, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2018-07-10)
      This is the third appeal. It seeks to challenge the decision of the High Court of Tanzania at Arusha in PC Civil Appeal No. 45 of 2011 on a matter originating from Enaboishu Primary Court.

    • YUSUF NYABUNYA NYATURURYA V.S MEGA SPEED LINER LTD AND SEPIDEH IN REM. 

      JUSTICE OF APPEAL, KEREFU, J.A.; MWARIJA, NDIKA J.A J.A (THE COURT OF APPEAL OF TANZANIA, ZANZIBAR., 2019-11-28)
      This ruling is in respect of a preliminary objection raised by the respondents against the appeal lodged in this Court by the appellant on 19th November 2018 to challenge the judgment and decree of the High Court of Zanzibar ...

    • NATIONAL BANK OF COMMERCE V.S BASIC ELEMENT LIMITED AND 5 OTHERS. 

      JUSTICE OF APPEAL, MUGASHA. J.A .; MUSSA, MKUYE, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-05-10)
      The appellant sued the respondents jointly and severally under order xxxv of the Civil Procedure Act [CAP 33 RE.2002]. She claimed among other things, for the payment of a total sum of Tshs. 8,976,130, 984.04 being outstanding ...

    • DR. SALUM ALI CHAMBUSO V.S PAULO ELIAS MARO. 

      JUSTICE OF APPEAL, SEHEL, J.A; MKUYE, GALEBA, J.A. J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-11-04)
      This is a ruling on application to file an amended record of appeal and a supplementary record of appeal made under Rules 111 and 96 (7), respectively of the Tanzania Court of Appeal Rules ("the Rules").

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

      JUSTICE OF APPEAL, KAJI, J. A.; KIMARO, J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2008-06-20)
      In a notice of motion made under Rule 82 of the Court of Appeal Rules, 1979, the applicant, Mehboob Hassanal Versi, is moving the Court for an order to strike out Civil appeal No. 145 of 2006 filed by the respondent Murtaza ...

    • ALLIANCE INSURANCE CORPORATION LTD V.S ALEXANDER FORBES (T) LIMITED. 

      JUSTICE OF APPEAL, MMILLA, J.A.; KWARIKO. J.A., MWANDAMBO, J.A. (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2020-08-18)
      The applicants, Alliance Insurance Corporation Limited and Alexander Forbes (T) Limited are requesting us to strike out the notice of appeal which was lodged in this Court by the respondent, Richard Nestory Shayo, on account ...

    • DAUDI ROBERT MAPUGA AND 417 OTHERS V.S TANZANIA HOTELS INVESTMENT LTD. AND 4 OTHERS. 

      JUSTICE OF APPEAL, NDIKA J.A; LILA, MWAMBEGELE, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-02-04)
      By a notice of motion dated 8th June 2018 made under Rule 89 (2) of the Tanzania Court of Appeal Rules, 2009 ("the Rules"), the applicants seek an order of this Court striking out the respondents' notice of appeal lodged ...

    • ELIAS MARWA V.S INSPECTOR GENERAL OF POLICE AND ATTORNEY GENERAL. 

      JUSTICE OF APPEAL, KAIJAGE, J.A; RUTAKANGWA, MUSSA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2013-12-03)
      Elias Marwa, the applicant herein, was a successful party in Mwanza High Court Civil Case No. 2 of 2002. The Inspector General of Police and the Attorney General, the respondents herein, were the losing parties.

    • MAFUNGO LEONARD MAJURA AND 14 OTHERS V.S TANESCO LIMITED. 

      JUSTICE OF APPEAL, WAMBALI. J.A.; LILA, KOROSSO, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-11-27)
      The fifteen applicants listed above sued Tanzania Electric Supply Company Limited (TANESCO) in Land Case No.55 of 2008 before the High Court of Tanzania (Land Division) at Dar es Salaam. In that suit the applicants claimed ...

    • MAZEMBE W. NYERERE V.S SAMWELI KIMAYU AND 2 OTHERS. 

      JUSTICE OF APPEAL, KAIJAGE, J.A; RUTAKANGWA, MUSSA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2013-11-25)
      By a Notice of Motion brought under Rule 89 (2) of the Tanzania Court of Appeal Rules, 2009 (the Rules), the applicant, Mazembe Nyerere, is moving this Court for an order that the notice of appeal filed jointly by the ...

    • VITALIS OKAL V.S PANYAKOO OULA. 

      JUSTICE OF APPEAL, RUTAKANGWA, J.A.; KAIJAGE, MUSSA, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2013-12-04)
      The applicant was the successful party in the Tarime Resident Magistrate Court – Extd. Jur. (P.C.) Civil Appeal No. 36 of 2006, whose judgment was delivered on 30th May, 2012. The respondent was aggrieved by the outcome ...