OSG Repository: Recent submissions
Now showing items 201-220 of 1080
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FORTUNATUS LWANYANTIKA MASHA AND ANOTHER VS. CLAVER MOTORS LIMITED CIVIL APPEAL NO. 144 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)i) he prescribed time on a suit for recovery of land is twelve (12) years from the date when the cause of action accrued. ii) It is on record that the appellants' suit was filed on 28th April, 2017 after lapse of twelve ... -
LAWRENCE MAGESA t/a JOPEN PHARMACY VS. FATUMA OMARY AND ANOTHER CIVIL APPEAL NO. 333 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-05)(i) We wish to preface our discussion by observing that this being a first appeal, we are entitled to review the evidence on record to satisfy ourselves whether the findings by the trial court were correct. This task is ... -
BULYANHULU GOLD MINES LIMITED VS. PASCHARY ANDREW STANNY CIVIL APPEAL NO. 281 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, SHINYANGA., 2022-07-21)i) In any proceedings concerning unfair termination of an employee by an employer, the employer shall prove that the termination is fair." The above section, comes out clearly that where there are allegations of unfair ... -
BULYANHULU GOLD MINES LIMITED VS. KENETH ROBERT FOURIE. CIVIL APPEAL NO. 105 OF 2021
(THE COURT OF APPEAL OF TANZANIA, SHINYANGA., 2022-07-22)The court was on the view that it is appropriate, to lay ground as for this Court's position generally, on issues of taking evidence from witnesses in all courts. Before taking evidence from a witness in a court of law, ... -
ST. JOSEPH KOLPING SECONDARY SCHOOL VS. ALVERA KASHUSHURA CIVIL APPEAL NO. 377 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2022-07-16)(i) Termination of service is said to be fair according to section 37(2) if it is based on fair and valid reasons and carried out in observance of fair procedures stipulated in the provisions of ELRA. therefore, the Labour ... -
MHUBIRI ROGEGA MONG'ATEKO VS. MAK MEDICS LTD CIVIL APPEAL NO. 106 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-19)(i) Upon admitting the liability with common understanding to repay the same, itcannot be said that such termination was un fair. (ii) It is trite law that, a document which is not admitted in evidence cannot be treated ... -
COSTANTINE VICTOR JOHN VS. MUHIMBILI NATIONAL HOSPITAL. CIVIL APPLICATION NO. 188/01 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-19)Held; The said grounds one, two and four are not grounds of review envisaged under Rule 66 (1) (a) of the Rules as they require the Court to re-asses the evidence. The raised grounds do not depict an obvious or patent ... -
KIBOBERRY LIMITED VS. JOHN VAN DER VOORT CIVIL APPEAL NO. 248 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-10-07)Held: (i) …the failure to involve the appellant in the investigation that led to the formulation of the report coupled with the omission to share a copy thereof with the respondent was a serious irregularity. Inevitably, ... -
VODACOM TANZANIA LIMITED VS. INNOCENT DANIEL NJAU CIVIL APPEAL NO. 60 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-07)1. Equally in the circumstances of the present case where the appellant alleges that the trial court had no jurisdiction to determine the matter placed before it. In our view, such illegality could not be left unnoticed ... -
BRAZAFRIC ENTERPRISES LIMITED VS. KADERES PEASANTS DEVELOPMENT (PLC). CIVIL APPLICATION NO. 421/08 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-11)1. I find that narration of sequence of events alone does not constitute good cause for extension of time, as correctly, in my view, stated by the counsel for the respondent 2. In the light of the above decision, I find ... -
ELIAS MASIJA NYANG'ORO AND 2 OTHERS VS. MWANANCHI INSURANCE COMPANY LIMITEDCIVIL APPEAL No. 278 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-19)(i) It is, perhaps, pertinent to observe that, the law in this Country, like the Laws of other jurisdictions, recognizes, that generally the High Court may set aside an ex-parte judgment upon an application being made by ... -
MARTIN FREDRICK RAJAB VS. ILEMELA MUNICIPAL COUNCIL AND ANOTHER CIVIL APPEAL NO. 197 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)i) Parties are bound by their pleadings and can only succeed according to what he has averred in his plaint and proved in evidence; hence he is not allowed to set up a new case. the appellant was required to parade evidence ... -
ALEX MSAMA MWITA VS. EMMANUEL NASUZWA KITUNDU AND ANOTHER CIVIL APPLICATION NO. 538/17 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-20)(i) The applicant did not comply with the mandatory requirement of the law which requires service of the notice of motion to be done within fourteen (14) days from the date of filing and this omission as the court have ... -
JUBILEE INSURANCE COMPANY (T) LIMITED VS. MOHAMED SAMEER KHAN CIVIL APPLICATION NO. 439/01 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-10)Held; No good reasons have been advanced by the applicant to justify the inordinate delay of more than 13 months from 07.08.2019 when the notice of appeal was lodged to 08.10. 2020 when the instant application was filed. it ... -
BULYANHULU GOLD MINES LIMITED VS. KENETH ROBERT FOURIE. CIVIL APPEAL NO. 105 OF 2021
(THE COURT OF APPEAL OF TANZANIA, SHINYANGA., 2022-07-22)HELD The court was on the view that it is appropriate, to lay ground as for this Court's position generally, on issues of taking evidence from witnesses in all courts. Before taking evidence from a witness in a court of ... -
NORTH MARA GOLD MINE LIMITED VS. EMMANUEL MWITA MAGESA CIVIL APPEAL NO. 271 OF 2019.
(2022-07-18)HELD (i) An appellate court, like this one, will only interfere with concurrent findings of fact only if it is satisfied that "they are on the face of it unreasonable or perverse" leading to a miscarriage of justice, or ... -
MHUBIRI ROGEGA MONG'ATEKO VS. MAK MEDICS LTD CIVIL APPEAL NO. 106 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-19)(i) Upon admitting the liability with common understanding to repay the same, itcannot be said that such termination was un fair. (ii) It is trite law that, a document which is not admitted in evidence cannot be treated ... -
LEONARD DOMINIC RUBUYE t/a RUBUYE AGROCHEMICAL SUPPLIES VS. YARA TANZANIA LIMITED. CIVIL APPEAL NO. 219 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-11)Held (i). It is a well settled position that the onus of proving existence or non-existence of any fact lies on the party asserting its existence or non-existence and in civil cases proof is at balance of probabilities ... -
JOHN BARNABA MACHERA VS. NORTH MARA GOLD MINE LIMITED CIVIL APPEAL NO. 204 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-19)i)it is on record that two points of preliminary objection over time limitation were raised in alternative before the predecessor Judge and the decision thereof was delivered. The first preliminary objection was dismissed ... -
NORTH MARA GOLD MINE LIMITED VS. EMMANUEL MWITA MAGESA CIVIL APPEAL NO. 271 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)(i) An appellate court, like this one, will only interfere with concurrent findings of fact only if it is satisfied that "they are on the face of it unreasonable or perverse" leading to a miscarriage of justice, or there ...
