JUDGMENTS: Recent submissions

Now showing items 321-340 of 560

    • DIRECTOR, MUKHESHI GLOBAL ESTATE LTD V.S HAMIS NJAMA. 

      JUSTICE OF APPEAL, NSEKELA. J.A.; MUSHI, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2005-09-09)
      THIS IS AN APPLICATION TO STRIKE OUT NOTICE OF APPEAL FOR FAILURE, TO TAKE AN ESSENTIAL STEP IN INSTITUTING THE INTENDED APPEAL, NAMELY THAT THE RESPONDENT HAS NOT INSTITUTED THE APPEAL WITHIN THE PRESCRIBED TIME.

    • TANZANIA COMMUNICATIONS REGULATORY AUTHORITY V.S CAT-NET LIMITED. 

      JUSTICE OF APPEAL, MWANDAMBO, J.A.; MKUYE, KITUSI J.A. J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-10-27)
      Cats-Net Limited, the respondent herein, lost to the Tanzania Communications Regulatory Authority, the applicant, in a suit before the High Court of Tanzania sitting at Dar es Salaam in Civil Case No. 107 of 2014. Aggrieved, ...

    • HECTOR SEQUTRAA V.S SERENGETI BREWERIES LIMITED. 

      JUSTICE OF APPEAL, LEVIRA, J.A; LILA, SEHEL, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-11-10)
      The applicant, HECTOR SEQUIRAA is seeking an order of the Court striking out the notice of appeal lodged by the respondent on 23 May 2019 on account that, the respondent has failed to take essential steps in prosecuting ...

    • URBAN J. MTUI V.S COMMISSIONER GENERAL, TANZANIA REVENUE AUTHORITY AND ATTORNEY GENERAL. 

      JUSTICE OF APPEAL, MWAMBEGELE, J.A.; LILA, KEREFU, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-10-22)
      The applicant, Urban J. Mtui, together with one Ngidos Mkamba who is not a party to this appeal as he passed on during the pendency of the matter in the High Court the subject of this appeal/ were employees of the first ...

    • BEATRICE MBILINYI V.S AHMED MABKHUT SHABIBY. 

      JUSTICE OF APPEAL, KWARIKO, J.A.; MKUYE, MWAMBEGELE, J.A. J. A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-03-08)
      The applicant, Beatrice Mbilinyi, has filed this application by a notlce of rnotion under Rule 89 (1) of the Tanzania Court of Appeal Rules, 2009 (henceforth the Rules) for an order of the Court to strike out a notice of ...

    • CHARLES MASUNE V.S JUMA MARE. 

      JUSTICE OF APPEAL, MUSSA, J.A.; KWARIKO. J.A., LEVIRA, J.A (THE COURT OF APPEAL OF TANZANIA, DODOMA., 2019-09-27)
      The respondent was the unsuccessful party in the High Court Land Application No. 112 of 2015 which was decided in the applicant's favour on the 22nd February 2018 (Mohamed, J.).

    • OLIVER MUREMBO V.S THE REGISTERED TRUSTEES OF BENJAMIN MKAPA FOUNDATION. 

      JUSTICE OF APPEAL, LEVIRA, J.A; MWANGESI, MWAMBEGELE, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-07-21)
      The applicant, OLIVER MUREMBO, through the services of Mr. Abdallah Kazungu, learned advocate, brought the present application under rule 89 (2) of the Tanzania Court of Appeal, 2009 as Amendments by the Tanzania court ...

    • DR. MARCO BITESIGIRWE V.S GENERAL SECRETARY ELCT KARAGWE AND 2 OTHERS. 

      JUSTICE OF APPEAL, MZIRAY.J,A.; MMILLA, KWARIKO, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2019-11-30)
      The applicant through the services of Mr. Aaron Kabunga, learned advocate is moving the Court to strike out a Notice of Appeal lodged by the first respondent on 13/8/2015 on the sole ground that the said respondent has ...

    • MAHIKU A. MAHARAGANDE V.S NYAMUHIKA A. MAHARAGANDE 

      JUSTICE OF APPEAL, SEHEL, J.A; MWANGESI, NDIKA J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2020-11-09)
      The applicant through the services of Mr. Fulgence Massawe, learned advocate filed a Notice of Motion under Rule 89 (2) of the Tanzania Court of Appeal Rules 2009 ("the Rules) seeking an order of the Court that the notice ...

    • GEORGE BENJAMIN FERNANDES V.S REGISTRA OF TITLES AND ANNA KIBIBI MAREALLE. 

      JUSTICE OF APPEAL, MWANGESI, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-02-13)
      By a notice of motion made under Rules 10 and 48 (1) and (2) of the Court of Appeal Rules (the Rules), the applicant herein is seeking for extension of time within which he can file an application for revision of ...

    • NEW NATIONAL STEEL (2000) LIMITED AND 7 OTHERS V.S PETER SINIGA . 

      JUSTICE OF APPEAL, MBAROUK, J. A.; MUSSA, JUMA, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-07-19)
      When the application was called on for hearing, the respondent failed to enter appearance though duly served on 5th July, 2016. That prompted Mr. Seni Malimi, learned advocate for the applicant to request us to invoke ...

    • MAGRETH MKIMA V.S SAADA BAKARI. 

      JUSTICE OF APPEAL, JUMA, J.A; OTHMAN, MWARIJA, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2016-09-08)
      In a judgment delivered on 15th October 2009, Wambura, J. dismissed an appeal, Civil Appeal No. 140 of 2008, which the respondent SAADA BAKARI had filed against the applicant MAGRETH MKIMA. The scant background facts ...

    • MOHAMED MRISHO V.S NAS HAULIERS LTD. 

      JUSTICE OF APPEAL, KILEO, J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2006-10-10)
      This is an application by notice of motion made under Rule 82 of the Court of Appeal Rules. The applicant who appeared in person has asked that the notice of appeal lodged by the respondents on the 9th day of October, ...

    • TANGAMANO TRANSPORT SERVICES CO. LTD V.S AFRICAN BANKING CORPORATION (FORMERLY ULC TANZANIA LTD) 

      JUSTICE OF APPEAL, MUNUO, J.A.; LUBUVA, MSOFFE, J. A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-11-13)
      On the scheduled hearing on the 30th of October, 2004, in Civil Appeal No. 139 of 2004, Mr. Gomba, the learned advocate who filed the appeal, and who had been duly served on the 29th of September 2007 defaulted in appearance ...

    • MALMO MONTAGEKONSULT AB TANZANIA BRANCH V.S MARGARET GAMA. 

      JUSTICE OF APPEAL, MROSO, J.A; NSEKELA, RUTAKANGWA, J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-06-11)
      This is a second appeal in a case that originated in the Court of Resident Magistrates, at Dar es Salaam. In the trial court the appellant was the plaintiff and the respondent was the defendant. The appellant was the ...

    • THE HON ATTORNEY GENERAL AND 2 OTHERS V.S SOUTHERN ATLANTIC GRAIN AGENT (PTY) LTD. 

      JUSTICE OF APPEAL, MSOFFE, J. A.; MUNUO, OTHMAN, J. A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2009-02-27)
      On 24/4/2007 this Court made an order for substituted service on the respondent Company (hereinafter the Company) by way of publication in the Daily News, The Guardian and Mtanzania newspapers. The order was effected on ...

    • THE HONOURABLE ATTORNEY GENERAL V.S MOROGORO AUTO SPARES. 

      JUSTICE OF APPEAL, KILEO, J.A.; MSOFFE, KALEGEYA, J. A. J.A. (THE COURT OF APPEAL OF TANZANIA, TANGA., 2007-07-05)
      On 10th May, 2004 the High Court sitting at Tanga, (Mkwawa, J.) passed a decree in favour of the respondent in the sum of Tshs. 2,700,000/=. The Government (through the Attorney General) who was the defendant in the case ...

    • JOVIN MTAGWABA AND 80 OTHERS V.S GEITA GOLD MINING LIMITED. 

      JUSTICE OF APPEAL, RUTAKANGWA, J.A.; RUGAZIA, J.A (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2007-03-16)
      The respondent successfully sued the applicant before the High Court at mwanza·in Civil Land Case No. 1 of 2004.

    • JAMES Z.. CHANILA V.S RAMADHAN MTUNDU. 

      JUSTICE OF APPEAL, MASSATI, J.A.; RUTAKANGWA, MUGASHA. J.A . J.A (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2016-10-24)
      Having lost an appeal in the High Court at Mwanza, in Land Appeal No. 128 of 2013, one of the respondents there, RAMADHANI MTUNDU, (herein "the respondent") lodged a notice of appeal to this Court to express his grievances ...

    • UNIAFRICO LIMITED AND 2 OTHERS V.S EXIM BANK (T) LIMITED. 

      JUSTICE OF APPEAL, MSOFFE, J. A.; KILEO, KIMARO, J.A. J, A. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-11-18)
      When the appeal was called on for hearing, Mr. Lugano Mwandambo, learned counsel for the respondent Bank, submitted on the preliminary objection, notice of which had been given in terms of Rule 100 of the Court of Appeal ...