JUDGMENTS: Recent submissions
Now showing items 501-520 of 560
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Sharrif Abdallah Salim and another vs. Mahsen Abdallah Salim, Civil Revision No. 11 of 2016, CAT at Dodoma
(THE COURT OF APPEAL OF TANZANIA, 2017-05-25)Any decision affecting the rights or interest of a party is a nullity even if the same decision would have been arrived at had the affected party been heard.The Court of Appeal has no power to make directions or order to ... -
Tanzania Electricity Company LTD (TANESCO) Vs. Mufungo Leonard Majura and 14 others, Civil Revision No. 5 of 2016 , CAT AT DSM
(THE COURT OF APPEAL OF TANZANIA, 2016-11-25)The power of the Court of Appeal under Article 117(1) of the Constitution is not confined to hear appeals only but also other types of cases provided by any other law. It was wrong to initiate revision proceedings while ... -
Elly Peter Sanya Vs Esther Nelson – Civil Application No.3 Of 2015.
(THE COURT OF APPEAL OF TANZANIA, 2016-04-14)The grant of certificate on points of law is not the domain of the Court of Appeal -
Agrey Sapali Vs Mkuu Wa Chuo Cha Must- Civil Appeal No.153/2015
(THE COURT OF APPEAL OF TANZANIA, 2016-04-11)Appeal originating from CMA not constituting CMA documents in the records of Appeal is incompetent hence struck out. -
Onesmo Mhutye- Civil Appeal No.117/2015.
(THE COURT OF APPEAL OF TANZANIA, 2016-04-05)The record of appeal did not incorporate a certificate of point of law as required under rule 96 (2) of the Court of Appeal Rules, 2009 and section 47 (2) of the Land Disputes Courts Act, Cap. 216 R.E. 2002 which requires ... -
Emmanuel Nyambi Vs Ramadhani Salim Civil Appeal No. 84 Of 2014, In The Court Of Appeal Of Tanzania At Arusha ,(Unreported) Pp 7-9 (Coram: Mlasiri, J.A. Kailage,J.A And Mussa, J.A.)
(THE COURT OF APPEAL OF TANZANIA, 2015-02-13)Where an appeal lies with leave of the High Court, application for leave may be made informally, when the decision against which it is desired to appeal is given or by chamber summons according to the practice of the High ... -
Remigious Muganga Vs Barrick Bulyanhulu Gold Mine, Civil Appeal No.47 Of 2017, In The Court Of Appeal Of Tanzania At Mwanza, [Unreported] Pp 8-11 (Coram: Juma. Cj. Mwarija,J.A And Ndika J.A)
(THE COURT OF APPEAL OF TANZANIA, 2018-10-10)It is common ground that appeals to this Court against the decisions of the Labour Court are governed by section 57 of the Labour Institution Act and the section, gives a party to "the proceedings in the Labour Court" ... -
Kisanga Tumainiel Vs Frank Pieper &Travelers’ lodge limited Respondents, Civil Appeal case no. 139 Of 2008, In The Court Of Appeal Of Tanzania At Dar Es Salaam, [Unreported] Pp.8-11 (Coram: Luanda, J.A., Mussa, J. A. And Mugasha, J. A.)
(THE COURT OF APPEAL OF TANZANIA, 2016-01-25)That was not proper as a party cannot take up new plea or new contention in appeal, unless, it is pleaded in the plaint or written statement of defence Since the first appellate High Court adjudicated on an issue which ... -
Abdulrzack Omary Laizer And Another Vs Maria Idd, Civil Application No.28 Of 2014, In The Court Of Appeal Of Tanzania At Arusha, [Unreported] Pp 4-7 (Coram: Mjasiri. J.A. Kailage, J.A. And Mussa, J.A.
(THE COURT OF APPEAL OF TANZANIA, 2015-02-16)That rule 4(2) (a) of the Rules could validly be resorted to in situations for which no provision is made under the Rules.An intending appellant shall, before, or within fourteen days after lodging a notice of appeal, serve ... -
Shabir Tayabali Essaji Vs Farida Seifudin Essaji, Civil Appeal No. 180 Of 2017, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 6-11 (Coram: Mussa. J.A. Mkuye, J.A., And Wambali. J.A
(THE COURT OF APPEAL OF TANZANIA, 2018-09-08)Rule 90(1) of the Rules which governs institution of appeals to this Court requires the appeal to be lodged within sixty days from the date when the notice of appeal is lodged. It also provides for the Registrar of the ... -
Ichobe Korongwe Vs Masarange Moremi, Civil Appeal No.162 Of 2016, In The Court Of Appeal Of Tanzania At Mwanza, Pp 8-11 (Coram: Juma. Cj., Mwarija. J.A. And Mugasha, J.A.
(The Court of Appeal Tanzania, 2018-10-02)Under Rule 90(1) of the Tanzania Court of Appeals Rules, 2009, (the Rules), an appeal must be instituted within sixty days from the date of judgment of a notice of appeal. -
John Paul Shibuda &Tanzania international Agri Input Co-Lto Applicants Vs Nordox Industries As Responoent, Civil Application No. 171 Of 2015, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 8-11 (Coram: Kimaro,J.A., Massati,J.A., And Mugasha,J.A.)
(The Court of Appeal Tanzania, 2015-11-17)i. The Court of Appeal is not an executing Court. Modes of execution are provided for under the Civil Procedure Code. ii. Under Rule 120 (1) of the Court Rules, for any civil appeal, the appellant is required to deposit ... -
Future Century Ltd Vs Tanesco, Civil Appeal No.05 Of 2009, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 12-15 (Coram: Kimaro, J.A., Oriyo,J.A. And Kaijage, J.A.)
(The Court of Appeal Tanzania, 2016-02-04)The principle of law established by the Court is that the appellant is entitled to have the evidence re-evaluated by the first appellant .court and give its own findings.It was the responsibility of the appellant to bring ... -
Alex Lwabwina Versus Bp Tanzania Limited, Civil Appeal No. 02 Of 2016.
(The Court of Appeal Tanzania, 2019-06-18)Notice of appeal lodged before the Court must comply with the period of limitation prescribed under Rule 83 (2) of the Rules. The Court cannot entertain an appeal which has been lodged out of time, while no extension of ... -
Consolidated Civil Appeal No. 78 Of 2018 & No. 79 Of 2018 Commissioner General Tanzania Revenue Authority. Versus Atomredmetzoloto(ARMZ)
(The Court of Appeal Tanzania, 2019-04-16)Failure to include written submission in record of appeal.Incomplete records of appeal -
Kapapa Kumpindi Vs The Plant Mnanager, TBL, Civil Appeal No 32 OF 2010.
(2012-05-31)New issue may be introduced in any time before composing judgement but parties must be heard. Court has to decide on ground brought before it on appeal not other things which were not addressed -
Mohamed Msangi & others Versus Charles Oden Mwahihola Civil Appeal No.71 of 2015 Court of Appeal of Tanzania at Dar es Salaam.
(Court of Appeal of Tanzania, 2018-10-25)Appeal-failure to attach copy of the written statement of Defense in the record of Appeal render the Appeal incompetent. The appellant was not in any way allowed in his own accord to decide to exclude the plaint from the ... -
Mondorosi Village Council and Others versus Tanzania brewaries limited and others Civil Appeal No.66 of 2017Court of Appeal of Tznzaia at Arusha.
(The Court of Appeal Tanzania, 2018-12-13)Appeal-failure to attach letter of the Application of the proceedings of the lower court on the record of Appeal-it is fatal Rule (91(1) (k) of the Court of Appeals Rules. failure to attach letter of the Application of ... -
Ignazio Messina Vs. Willow Investment SPRL, Civil Application No. 21 OF 2001
(THE COURT OF APPEAL OF TANZANIA, 2002-02-27)Rules on Affidavit. Affidavit which is tainted with untruth statement -
Commissioner General Tra Vs RogersMhina &Another, Civil Application No.135 Of 2014, In The Court Of Appeal Of Tanzania At Dar Es Salaam, (Unreported) Pg. 4-7 Coram: Luanda, J.A
(THE COURT OF APPEAL OF TANZANIA, 2015-03-23)The source of information must be disclosed in this case it is not shown where the source of the information come from, for that matter the source of all information must be disclosed.It is a trite law that Affidavit being ...
