OSG Repository: Recent submissions

Now showing items 341-360 of 1080

    • RAYMOND OBED KITILYA VS. THE COMMISSIONER FOR LANDS MINISTRY OF LANDS, HOUSING AND HUMAN SETTLEMEN AND 2 OTHERS CIVIL APPEAL NO. 85 OF 2016. 

      MWAMBEGELE, FIKIRINI, J.A.. And MAKUNGU. J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)
      1. It is now settled that the time limit within which to serve letters requesting documents from the Registrar is thirty days (30) from the date of lodging notice of appeal as intimated under Rule 90(1) of the Court of ...

    • SINYOMA COMPANY LIMITED VS. BULYANHULU GOLD MINE LIMITED CIVIL APPEAL NO. 172 OF 2017. 

      MWARIJA, KEREFU, J.A. AND KENTE, J.A. J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-27)
      Termination of contract must be preceded by 14 days’ notice within which the appellant remedies the breach or offer adequate compensation to save the contract from being terminated.

    • SNV NETHERLANDS DEVELOPMENT ORGANIZATION TANZANIA VS. ANNE FIDELIS CIVIL APPEAL NO. 198 OF 2019. 

      MUGASHA, KEREFU, J.A. And KIHWELO. J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-13)
      It is mandatory for every witness who is competent to take oath or affirmation before the reception of his or her evidence in the trial court including the CMA. If such evidence is received without oath or affirmation, it ...

    • CAPITAL DRILLING (T) LIMITED VS. ALEX BARTHAZALI KABENDERA CIVIL APPEAL NO. 370 OF 2019 

      MUGASHA, KEREFU, J.A. And KIHWELO. J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-13)
      Clearly, taking an oath before testifying is a mandatory requirement that cannot be glossed over and its omission vitiates the proceedings since it renders the evidence invalid.

    • KARIAKOO AUCTION MART VS. MASHAKA DYANGA AND 7 OTHERS CIVIL APPEAL NO. 234 OF 2019. 

      MWARIJA, SEHEL, J.A AND FIKIRINI, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-27)
      i)Evidence may be taken in the appellate stage upon the set prerequisites that one, there is an existence of an appeal before this court, two, the appeal must stem from High Court exercising its original jurisdiction and ...

    • DIRECTOR MOSHI MUNICIPAL COUNCIL VS. JOHN AMBROSE MWASE. CIVIL APPEAL NO. 245 OF 2017 

      MWANGESI, NDIKA ,J.A AND KITUSI, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2019-04-10)
      i)It is a settled law that in civil cases 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. Penina ...

    • AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED CIVIL APPEAL NO. 206 OF 2017 

      LILA, KOROSSO, J.A. AND KENTE, J.A. J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-12-13)
      (i) It is a settled position that, upon filing an amended plaint, the original plaint ceases to exist. The same applies when a Written Statement of Defence is filed inferring the end of the original. (ii)Suffice to say, ...

    • JOVET TANZANIA LIMITED V.S BAVARIA N.V CIVIL APPLICATION NO. 207 OF 2018 

      MWARIJA, KOROSSO, J.A. AND LEVIRA, J.A J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-08-06)
      1. The Court reinstated the principle enunciated in the case of Elisa Mosses Msaki v. Yesaya Ngateu Matee [1990] T.L.R. 90 in which it was held "This Court will only look into matters which came up in the lower Court and ...

    • GOLDEN PALM LIMITED V.S COSMOS PROPERTIES LIMITED CIVIL APPLICATION NO. 561/01 OF 2019 

      NDIKA, FIKIRINI, J.A. AND KIHWELO, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)
      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 where ...

    • ECOBANK TANZANIA LIMITED VS. DOUBLE A CO. LIMITED AND 3 OTHERS, CIVIL APPLICATION NO. 178/16 OF 2021. 

      MWAMBEGELE, LEVIRA, J.A. And RUMANYIKA. J-A J.A., (THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-09-19)
      this Honourable Court be pleased to reverse and set aside the decision of the Taxing Master dated 9th day of August 2019, certified on 13th August 2019 and supplied on 20th August 2013 in Taxation Cause No. 33 of 2019 ...

    • SHAMSA SALIM HAMDUNI V.S THE ADMINISTRATOR GENERAL AND ANOTHER CIVIL APPLICATION NO. 360/01 OF 2020 

      NDIKA, FIKIRINI, J.A. AND KIHWELO, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)
      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 Application ...

    • AMIE SADICK SANGA V.S NATIONAL BANK OF COMMERCE LIMITED CIVIL APPLICATION NO. 105/17 OF 2021 

      NDIKA, FIKIRINI, J.A. AND KIHWELO, J.A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-14)
      1. The courts reinforced the principle stated in the case of Barclays Bank (T) Ltd. v. Hood Transport Ltd & Another, Civil Application No. 134 of 2014 (unreported) " We need to point out that, in essence; essential steps ...

    • BUKOBA MUNICIPAL COUNCIL V.S NEW METRO MERCHANDISE CIVIL APPEAL NO, 374 OF 2021. 

      MWARIJA, SEHEL, J.A AND MAIGE, J.A J.A., (THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2022-07-11)
      (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 lodging ...

    • MAIMUNA RAJABU SOKA V.S TUWAHA SAMSON MUZE CIVIL APPLICATION NO. 103/01 OF 2021 

      MWAMBEGELE, LEVIRA, J.A. And RUMANYIKA. J-A J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-14)
      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 ...

    • CIVIL LITIGATION AND ARBITRATION PRACTICE DIRECTIONS 

      OFFICE OF THE SOLICITOR GENERAL (OFFICE OF THE SOLICITOR GENERAL, 2021-12-01)
      The Office of the Solicitor General (OSG) was established by the Office of the Solicitor General (Establishment) Order, G.N. No. 50 of 2018 as gazetted in the Government Gazette No. 3, Vol. 99, dated 13 February 2018. The ...

    • STANDING ORDERS FOR THE PUBLIC SERVICE NO. 493 OF 2009. 

      CHIEF EXECUTIVE OFFICER (GOVERNMENT PRINTER DAR ES SALAAM, TANZANIA., 2009-04-12)
      This Standing order is one of the necessary documents in the Public Service. The employers are responsible to ensure the availability and accessibility of it to all public servants and every public servant should make ...

    • THE PUBLIC SERVICE SCHEME, GN NO. 169 OF 2003 

      MINISTER OF STATE, MARY M. NAGU PRESIDENT OFFICE PUBLIC SERVICE MANAGEMENT (GOVERNMENT PRINTER DAR ES SALAAM, TANZANIA., 2003-06-20)
      this Service Scheme is made pursuant to section 7 of the Public Service Act, 2002 (No. 8 of 2002) and each of the Clauses therein shall be construed as complementary to the Act and to the Public service regulations, 2003.

    • THE PUBLIC SERVICE REGULATIONS, GN NO. 168 OF 2003. 

      MINISTER OF STATE, MARY M. NAGU PRESIDENT OFFICE PUBLIC SERVICE MANAGEMENT (GOVERNMENT PRINTER DAR ES SALAAM., 2003-06-20)
      These Regulations shall apply to all public servants in the following services. the Civil Service; the Local Government Service; the Teachers Service; the Immigration Service and Fire and Rescue Service; the ...

    • THE CEREALS AND OTHER PRODUCE ACT, ACT NO. 19 OF 2009. 

      CLERK OF THE NATIONAL ASSEMBLY, THOMAS D. KASHILILAH. (GOVERNMENT PRINTER DAR ES SALAAM, TANZANIA., 2009-11-20)
      An Act to make provisions for the establishment of the Cereals and Other Produce Board, for promotion and development of cereals and other agricultural produce and to provide for other related matters.

    • THE HIDES, SKINS AND LEATHER TRADE ACT, ACT NO. 18 OF 2008. 

      CLERK OF THE NATIONAL ASSEMBLY, THOMAS D. KASHILILAH. (GOVERNMENT PRINTER DAR ES SALAAM, TANZANIA., 2008-06-06)
      An Act to develop and regulate the production and preservation of hides, ski_ and leather and to promote trade ID hides, skins and leather and to provide for related matter.