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The OSG e-Library is a comprehensive digital platform dedicated to the collection, preservation, and dissemination of critical legal information. It serves as an essential resource for legal research in civil litigation, equipping users with timely and relevant legal updates through the Current Awareness Service (CAS). Additionally, it enriches the legal repository with a wide range of e-publications, including constitutions, statutes, and other pivotal legal documents, ensuring seamless access to authoritative legal resources.
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MATHEW MLAY VERSUS RASHID MAJID KASENGA. CIVIL APPLICATION NO. 354/17 OF 2020
(2020-06-29) MWARIJA. J.A; KITUSL J. A; MAKUNGU. J.A
The applicant has sought to invoke our powers of revision under section 4 (3) of the Appellate Jurisdiction Act (the AJA) and rule 65(1), (2) and (c) of the Court of Appeal Rules, 2009 (the Rules). He mainly argues that the decision of the High Court (Makani, J.) in Miscellaneous Land Application No. 573 of 2019, denying him certification of points of law for determination by this Court, is faulty but he is barred from appealing against it, hence the resort to revision.
JM HAULIERS LIMITED VERSUS ACCESS MICROFINANCE BANK (TANZANIA) LIMITED. CIVIL APPEAL NO. 274 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2021-06-17) MWAMBEGELE. J.A; FIKIRINI. J.A; MAKUNGU. J.A
The plaintiff who is now the respondent, Access Microfinance Bank (Tanzania) Limited, formerly known as Access Bank Tanzania Limited, successfully sued the appellant, J.M. Hauliers Limited, before the HighCourt in Civil Case No. 118 of 2019, claiming the appellant's vacant possession and eviction order from the suit property in Tungi-Kigamboni with residential licence No. 002145-TMK/KNG/TNG31/24, Temeke Dar es Salaam (the suit property). Along the same line, the respondent prayed for a permanent injunction, and punitive damages to the tune of Tzs. 200,000,000/= (Tanzania Shillings Two Hundred Million) and general
damages of Tzs. 100,000,000/= (Tanzania Shillings One Hundred Million).
JITESH JAYANTILAL LADWA, INDIAN OCEAN HOTELS LIMITED VERSUS DHIRAJLAL WALJI LADWA. CIVIL APPEAL NO. 435 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2020-08-28) KOROSSO. J.A; KITUSI. J.A; MASHAKA. J J
The instant appeal is prompted by the refusal of the High Court Judge (Nangela, J.) to recuse himself from the conduct of the case in a ruling dated 28/8/2020 in Commercial Cause No. 2 of 2020.
GM CROSS AFRICA LIMITED VERSUS FIRST NATIONAL BANK TANZANIA LIMITED. CIVIL APPLICATION NO. 284/17 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2020-05-14) MUGASHA. J.A; GALEBA. J.A; MASHAKA, J.A
The applicant and the 1st respondent had entered into a fiduciary relationship whereby the applicant was availed an overdraft facility of TZS. 500,000,000.00 as working capital. The collateral included a legal mortgage at unspecified sum over a residential property in the name of Valence Simon Lekule over Plot No. 8 Block 25 CT No. 50970 situated at Kariakoo Area in the City of Dar-es-Salaam.
FINCA TANZANIA LIMITED VERSUS HASSAN LOLILA. CIVIL APPLICATION NO. 165/18 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2017-09-26) KIHWELO, J.A
In this application the applicant, represented by Ms. Stella Manongi, learned counsel by way of notice of motion filed on 9th April, 2021 under Rule 63(3) of the Tanzania Court of Appeal Rules, 2009 (the Rules) is seeking restoration of Civil Application No. 276/18 of 2019 for extension of time within which the applicant shall lodge notice of appeal. This follows a dismissal order (Levira, J.) dated 11th February, 2020. The notice of motion has been supported by sworn affidavit of Ms. Stella Manongi wherein, the reasons for the applicant's failure to appear on the date of the hearing of the application have been indicated. The application was resisted by therespondent who submitted from the Bar since he did not file any affidavit in reply nor any written submission.
1. DOUBLE A COMPANY LIMITED 2. AA TRANS LIMITED 3. AKBAR BASHIR VERSI 4. ASGHER BASHIR VERSI VERSUS APPLICANTS ECOBANK TANZANIA LIMITED. CIVIL APPLICATION NO. 124/16 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2020-05-21) MWAMBEGELE. J.A; LEVIRA. J.A.; RUMANYIKA. J.A
In this application by a notice of motion taken under the provisions of rule 89 (2) of the Tanzania Court of Appeal Rules (the Rules), the applicants move the Court to strike out a notice of appeal dated 04.06.2020 lodged by the respondent. The application is supported by a joint affidavit affirmed by Akber Bashir Versi and Asgher Bashir Versi, respectively, the third and fourthapplicants. It is resisted by an affidavit in reply sworn by Deogratias William Ringia, an advocate of the High Court and courts subordinate thereto.
BARCLAYS BANK (T) LTD VERSUS TANZANIA PHARMACEUTICALS INDUSTRIES LTD. CIVIL APPLICATION NO. 231/16 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2014-06-02) NDIKA. J.A; FIKIRINI. J.A; KIHWELO. J.A
On 2nd June, 2014, the trial Judge for the Commercial Division of the High Court of Tanzania at Dar Es Salaam (the Commercial Court) dismissed the suit for want of prosecution, against Barclays Bank (T) Ltd the applicant, for the applicant's failure to file witness statements which the trial Judge equated to failure to procure witness attendance on the date fixed for hearing.
ASILE ALLY SAID VERSUS IRENE REDENTHA EMMANUEL SOKA. CIVIL APPLICATION NO. 54/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2018-05-25) MWARIJA. J.A.; KITUSI. J.A; MAKUNGU. J.A
At the hearing of this application for stay of execution, Ms. Elizabeth John Mlemeta and Ms. Stella Simkoko, both learned advocates represented the applicant and the respondent, respectively