OSG Repository: Recent submissions
Now showing items 261-280 of 1080
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STANBIC BANK (T) LTD VS. SOPHIA MAJAMBA. CIVIL APPLICATION NO. 81/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)Held i)The Applicant has shown good cause and has satisfied cumulatively the conditions warranting the grant of application for stay of execution. Civil Practise & Procedure – Issues raised by parties-determination of ... -
MARY AGNES MPELUMBE (in her capacity as Administratix of the estates of the late Isaya Simon Mpelumbe VS. SHEKHA NASSER HAM AD. CIVIL APPEAL NO. 136 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-11-04)Held (i). We are also guided by the basic rule that he who alleges has the burden of proof as per section 110 of the Evidence Act, Cap. 6 R.E. 2019. (ii) Standard of proof in a civil case is on a preponderance of ... -
AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED. CIVIL APPEAL NO. 206 OF 2017.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-12-13)Held (i). It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original. (ii) Suffice to ... -
MS. FARHIA ABDULLAH NUR VS. ADVATECH OFFICE SUPPLIES LIMITED AND ANOTHER CIVIL APPLICATION NO. 182/16 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-24)Held; i.It is common knowledge that security is provided so as to protect the respondent from facing difficulties or impossibility of realising the decree in case the intended appeal fails. -
MBEYA CEMENT CO. LTD VS. SARA OLE DANIEL AND ANOTHER. CIVIL APPLICATION NO. 649/06 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-10-03)HELD 1. Consequently, with the above cumulative effects of the said conditions we are inclined to grant the application and stay execution of the Drawn Order of the High Court in Misc. Application No. 12 of 2020 emanating ... -
CAR AND GENERAL TRADING LIMITED VS. TAJIRI MOHAMED. CIVIL APPLICATION NO. 34/18 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-25)Held i. security as one o f the conditions for the due performance of the decree should an intended appeal fail, security among other reasons is meant to safeguard the interests o f the judgment creditor in the event the ... -
ASILE ALLY SAID VS. IRENE REDENTHA EMMANUEL SOKA. CIVIL APPLICATION NO. 54/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)Held; i. The law under rule 11(5) (6) of the Rules is not specific on the type or amount of security to be furnished. ii. it is the Court which is left with discretion to determine security to be provided which is dependent ... -
GOLDEN PALM LIMITED VS. COSMOS PROPERTIES LIMITED. CIVIL APPLICATION NO. 561/01 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)Held; 1. A party to the proceedings before the High Court cannot invoke revisional powers of the Court of Appeal as alternative to the appellate powers unless there are exceptional circumstances warranting that course or ... -
ABDALLAH THABIT HUWEL VS. THE REGISTERED TRUSTEES OF MOVIMENTO POPULAR DE LIBERTACAO DE ANGOLA (MPLA) AND 4 OTHERS. CIVIL APPLICATION NO. 562/17 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)Held; 1. The Chief Justice has power to initiate revisional proceedings under Section 4(3) of the Appellate Jurisdiction Act, [Cap 141 R.E 2019], 2. The revisional proceedings initiated by the Court suo motto is not ... -
PRAKSED BARNABAS (Legal representative of HARRISON MAN DALI AND 9 OTHERS VS. THE REGISTERED TRUSTEES OF THE ARCHDIOCESE OF DAR ES SALAAM. CIVIL APPLICATION NO. 480/17 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)Held; i. The law is long settled and clear that revision is not an alternative to the appeal process. ii. It is momentous to observe that whereas revision is at the discretion of the court, an appeal is a right of a party ... -
ATTORNEY GENERAL VS. MKONGO BUILDING AND CIVIL WORKS CONTRACTORS LTD CIVIL APPLICATION NO. 166/16 OF 2020 AND ANOTHER
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-01)Held; i. It is settled that any person not being a party to the proceedings of the Subordinate Court with Extended Jurisdiction or the High Court has no right of appeal and thus his only recourse to the Court is an ... -
RUTH MAKARANGA VS. SALUM AYUBU. CIVIL APPLICATION NO. 363/17 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)Held; 1. As a general rule it is the duty of the applicant to lodge with the Court a complete record of the proceedings sought to be revised as stated in the case of Zanair Limited and Another v. Hassan & Sons Ltd, Civil ... -
SAMUELI KOBELO MUHULO VS. NATIONAL HOUSING CORPORATION. CIVIL APPLICATION NO. 442/17 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)Held; 1. The Court reinstated its earlier position in the case of Halais Pro-Chemie v. Wella A. G. [1996] T.L. R. 269, Moses Mwakibete v. The Editor, Uhuru, Shirika la Magazeti ya Chama and Another [1995] T.L.R 134, Kezia ... -
UBAYA SALEH MNYIMADI VS. BENJAMIN SENGEREMA CHAYAI AND ANOTHER CIVIL APPLICATION NO. 568/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-07)Held; 1. The Court reiterated the principles stated in the case of Moses J. Mwakibete v. The Editor-Uhuru, Shirika la Magazeti ya Chama and National Printing Co. Ltd (1995) TLR 134 and Transport Equipment Ltd v. Devram ... -
RAMADHANI MIKIDADI VS. TANGA CEMENT COMPANY LTD. CIVIL APPLICATION NO. 275/01 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-16)Held: (i) It is now settled that the Court’s revisional power is exercised under exceptional circumstances. The fact that revisional powers of the Court can only be exercised where there is no right of appeal is well settled ... -
NONDO KALOMBOLA t/a N J. PETROLEUM SPRL AND ANOTHER VS. BROADGAS PETROLEUM (TZ) LIMITED AND 3 OTHERS. CONSOLIDATED CIVIL APPLICATIONS NOs. 165/16 & 518/16 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)Held i) Court’s power of revision can only be invoked where there is no right of appeal, where right of appeal exists but has been blocked by judicial process, there is existence of special circumstances and where a person ... -
GM CROSS AFRICA LIMITED VS. FIRST NATIONAL BANK TANZANIA LIMITED AND 2 OTHERS CIVIL APPLICATION NO. 284/17 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-30)1.the Court is mandated to stay execution of a decree or order of the High Court or Tribunal which is about to be executed while there is a pending appeal against such decree or order. 2.It is settled law that, a stay to ... -
DOUBLE A COMPANY LIMITED AND 3 OTHERS VS. ECOBANK TANZANIA LIMITED. CIVIL APPLICATION NO. 124/16 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-29)i. Once an application for copies of proceedings to facilitate an appeal has been filed and that the applicant has reminded the Registrar, an intended respondent should not ask the court to strike out notice of appeal, for ... -
M BARA LA A. MAHARAGANDE AND 4 OTHERS VS. MAHIKU A. MAHARAGANDE CIVIL APPLICATION NO. 469/01 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-12)1. The applicant must lodge the application within fourteen days from the date that he was served with the notice of execution or from when he became aware of the execution proceedings in terms of rule 11 (4) of the Court ... -
MBEYA CEMENT CO. LTD VS. SARA OLE DANIEL AND ANOTHER. CIVIL APPLICATION NO. 649/06 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-10-03)1. Consequently, with the above cumulative effects of the said conditions we are inclined to grant the application and stay execution of the Drawn Order of the High Court in Misc. Application No. 12 of 2020 emanating from ...
