OSG Repository: Recent submissions
Now showing items 301-320 of 1080
-
SHAMSA SALIM HAMDUNI VS THE ADMINISTRATOR GENERAL. CIVIL APPLICATION NO. 360/01 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)Held; 1.The Court reinstated the principle enunciated in the case of Harban Haji Moshi and Another v. Omari Hilal Seif and Another [2001] TLR 409 and British Broadcasting Corporation v. Eric Sikujua Ng'maryo, Civil ... -
ALISUM PROPERTIES LIMITED VS. SALUM SELENDA MSANGI (As Administrator o f the Estate o f the late SELENDA RAMADHANI MSANGI) CIVIL APPEAL NO. 39 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-23)i)It is elementary principle of law that an issue raised by the parties should be resolved, failure to do so renders the judgement defective. ii)Cases must be decided on the issues or grounds on record and if it is desired ... -
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)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 Violet ... -
TOTAL TANZANIA LIMITED VS. MEXON SANGA CIVIL APPLICATION NO. 488/16 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)i)No appeal or application for revision shall lie against or be made in respect of any preliminary or interlocutory decision or order of the High Court unless such decision or order has the effect of finally determining ... -
JITESH JAYANTILAL LADWA AND ANOTHER VS. DHIRAJLAL WALJI LADWA AND 2 OTHERS. CIVIL APPEAL NO. 435 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)i. Interlocutory orders are one that do not completely dispose of all issues o f law and fact that were presented to the court and the proceedings from which they emanate interlocutory proceedings. ii. No appeal or ... -
MAIMUNA RAJABU SOKA V.S TUWAHA SAMSON MUZE CIVIL APPLICATION NO. 103/01 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-02)1.Where an Affidavit mentions another person, it will be hearsay unless there is an affidavit of that other person supporting the fact. 2.Where the intending appellant has lodged notice of appeal and failed to lodge an ... -
LIFE PROMOTERS SOCIETY TANZANIA VS. HIPPOLITUS PAMPHIL NJAU. CIVIL APPLICATION NO. 269/05 OF 2019
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-09-23)(i) The intended appeal ought to have been lodged within sixty days from 1/10/2018 when the notice of appeal was filed. The said limitation period expired on or about 30/11/2018. Since by that time no appeal was lodged, ... -
BUKOBA MUNICIPAL COUNCIL VS. NEW METRO MERCHANDISE. CIVIL APPEAL NO, 374 OF 2021
(THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2022-07-11)Held (i). Section 19 (2) and (3) of the Law of Limitation Act provides for an automatic exclusion of time requisite for obtaining a copy of the decree or judgment appealed from when computing the period of limitation for ... -
PRIME CATCH (EXPORTS) LIMITED AND 4 OTHERS VS. DIAMOND TRUST BANK TANZANIA LIMITED CIVIL APPEAL NO. 273 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-03)1. Therefore, the appellants were denied their fundamental right to be heard in what culminated into a summary judgment against them. 2. On the basis of what we have endeavored to discuss above, we find the appeal is ... -
LUCKSON RUTAFUBIBWA KIIZA (The administrator of the estate of the late Angelina Bagenyi VS. ERASMUS RUHUNGU (The administrator of the estate of the late Gaudensia Rwakailima. CIVIL APPEAL NO. 375 OF 2021
(THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2022-07-12)1. "It is a cardinal principle of natural justice that a person should not be condemned unheard but fair procedure demands that both sides should be heard: audi alteram partem. In this country, natural justice is not merely ... -
JITESH JAYANTILAL LADWA AND ANOTHER VS. DHIRAJLAL WALJI LADWA AND 2 OTHERS. CIVIL APPEAL NO. 435 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)Held; i. Interlocutory orders are one that do not completely dispose of all issues o f law and fact that were presented to the court and the proceedings from which they emanate interlocutory proceedings. ii. No appeal ... -
LIFE PROMOTERS SOCIETY TANZANIA VS. HIPPOLITUS PAMPHIL NJAU. CIVIL APPLICATION NO. 269/05 OF 2019
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-09-23)Held: (i) The intended appeal ought to have been lodged within sixty days from 1/10/2018 when the notice of appeal was filed. The said limitation period expired on or about 30/11/2018. Since by that time no appeal was ... -
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 ... -
BARCLAYS BANK (T) LTD VS. TANZANIA PHARMACEUTICALS INDUSTRIES LTD AND 3 OTHERS. CIVIL APPLICATION NO. 231/16 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-24)Held; i.A dismissal order that conclusively determines the rights of the parties amounts to a decree open to appeal and not revision. -
EXIM BANK TANZANIA LIMITED VS. YAHAYA HAMISI MUSA (As the Administrator of the Estate of the Late HAMISI MUSA MOHAMED t/a MAPILAU GENERAL TRADERS.. CIVIL APPEAL NO. 275 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-28)HELD 1. In the light of the stated position of the law, although a suit preferred against a dead person is a nullity it is as well incompetent and not capable of being dismissed. Given the circumstances, the proper remedy ... -
JM HAULIERS LIMITED VS. ACCESS MICROFINANCE BANK (TANZANIA) LIMITED. CIVIL APPEAL NO. 274 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-24)i. The appellant did not heed to the default notice, thus cannot be heard now to dispute the notice dully served upon him but he rejected it and wa admitted in evidence without objection. ii. Where a mortgagee is exercising ... -
DIRECTOR MOSHI MUNICIPAL COUNCIL VS. JOHN AMBROSE MWASE. CIVIL APPEAL NO. 245 OF 2017
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2019-04-10)i) It is a settled law that in civil cases that who alleges must proof which is a basis of Section 110 of the Evidence Act, [Cap 6 R. E 2019]. The Court cited with approval the holding in the case of Anthony M. Masanga V. ... -
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)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 say, Order ... -
MILLENIUM COACH LIMITED VS AFRICARRIERS LIMITED.CIVIL APPEAL NO. 323 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)i) It is trite law that ownership of a commodity bought on hire purchase basis can only pass upon payment of all the installments. ii) It is trite law that, he who alleges the existence of a certain fact is duty bound to ... -
MATHEW MLAY VS. RASHID MAJID KASENGA CIVIL APPLICATION NO. 354/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)i. It is common ground that appeals that do not automatically lie to the Court, may only be preferred with leave or certificate on point of law. ii. Certificate on a point of law becomes a requirement when a party intends ...
