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ABDULKADIR SULEIMAN MBEO (Administrator of the Estate of the Late SUWED SADIQ) VERSUS RAYMOND ANGAUFOON LEIYA. CIVIL APPEAL NO. 90 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2005-12-02) WAMBALI. J.A; KEREFU. J.A; MGEYEKWA, J.A
On 17th February, 2004 the late Suwed Sadiq sued Raymond Angaufoon Leiya and Angaufoon A. L. Nkya in Land Case No. 24 of 2004 before the High Court, Land Division jointly and severally for vacant possession of the land on Plot No. 192 Block 'W' (the suit property)situated at Magomeni area in Dar es Salaam under Certificate of Title No. 20628. The third respondent was joined as a third party after the application of the 1st and 2nd respondents. It is noteworthy that Suwed
Sadiq passed away on 28th August, 2020 and thus Abdulkadir Suleiman Mbeo was appointed as the legal representative by the Primary Court of Magomeni on 10th December, 2020.
ABDALLAH THABIT HUWEL VERSUS THE REGISTERED TRUSTEES OF MOVIMENTO POPULAR DE LIBERTACAO DE ANGOLA (MPLA). CIVIL APPLICATION NO. 562/17 OF 2018
(THE COURT OF APPEAL OF TANZANIA, 2015-09-03) NDIKA, J.A; FIKIRINI. J.A; KIHWELO. J.A
The applicant, Mr. Abdallah Thabit Huwel, moves this Court in this matter to join him as a party to Civil Revision No. 1 of 2018, which was commenced by the Court suomotufollowing a complaint lodged and brought to the attention of the Honourable Chief Justice by Ms. Hamisa Mohsin, the second respondent herein. The motion is supported by three affidavits deposed separately by the applicant, his advocate Mr. Mbuga Jonathan andhis son Mr. Mohamed Abdallah Huwel. Opposing the application, the fourth respondent filed three separate affidavits in reply, all of which were sworn by Mr. Patrick Segeja Chokala while the fifth respondent made two distinct affidavits in reply and had his advocate, Mr. John Ignace Laswai swore a further affidavit in reply.
ABDALLAH SOSPETER @ MABOMBA VERSUS THE REPUBLIC. CRIMINAL APPLICATION NO. 36/08 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2007-03-19) KHAMIS. J.A.
Abdallah Sospeter @ Mabomba, the applicant herein, was convicted of the offence of armed robbery contrary to sections 285 and 286 of the Penal Code and gang rape contrary to section 131'A' (2) of the then Sexual Offences Special Provisions Act, No. 4 of 1998. Upon mitigation, he was sentenced to thirty (30) years imprisonment for the first count and life imprisonment for the second count. The sentences were to run concurrently.
ABDALLAH A. MOHAMED & 1,133 OTHERS VERSUS THE HONOURABLE ATTORNEY GENERAL. CIVIL APPLICATION NO. 350/01 OF 2022
(THE COURT OF APPEAL OF TANZANIA, 2007-09-11) NDIKA. J.A; SEHEL. J.A; KAIRO. J.A
The applicants seek a review of the judgment of the Court dated 11th September, 2007 in Consolidated Civil Appeals No. 105 and 81 of 2015. In essence, they fault the said judgment pursuant to rule 66 (1) (a) and (e) of the Tanzania Court of Appeal Rules, 2009 ("the Rules") on the grounds that it was based on a manifest and palpable error on the face of the record and that it was procured illegally.
ABBAS ALLY ATHUMAN BANTULAKI VERSUS AND KELVIN VICTOR MAHITY (Administrator of the Estate of the late PETER WALCHER). CIVIL APPEAL NO. 385 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2018-12-07) LILA, J.A; KITUSI, J.A; MASHAKA, J.A
The respondent is a successor administrator to his late brother Erick Peter Walcher. The latter was, on 27/2/1998, appointed the administrator of the estate of his late father Peter Walcher who died intestate on 2/2/1995. Initially, Erick Peter Walcher instituted this suit against the appellants. Unfortunately, he did not survive to pursue his claims to its conclusion as he passed away before the hearing and determination of the suit. It was then when the respondent applied and was duly appointed administrator of the estate of Peter Walcher andwas inclined to amend the plaint in line with the change of administrator.
STANBIC BANK (T) LTD VERSUS SOPHIA MAJAMBA. CIVIL APPLICATION NO. 81/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2019-12-20) MKUYE, J.A; LEVIRA. J.A; MWAMPASHI. J.A
The applicant, Stanbic Bank (t) Ltd, has filed this application seeking an order of this Court staying execution of the decree of the High Court of Tanzania (Labour Division) at Dar Es Salaam (Aboud, J) dated 20th December 2019 in respect of Labour Revision No. 767 of 2018. The application has been made by way of a notice of motion premised under Rule 11 (3), (4), (5) (a) and (b), (7) (a), (b), (c) and (d) and Rule 48 (1) ofthe Tanzania Court of Appeal Rules 2009 (henceforth "the Rules"). The grounds for this application as shown in the notice of motion are that:
TOTAL TANZANIA LIMITED VERSUS MEXON SANGA. CIVIL APPLICATION NO. 488/16 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2019-09-13) KWARIKO. J.A; KEREFU, J.A; KIHWELO, J A
Central to this matter is the competence of the instant application which seeks to move the Court by way of revision under section 4 (3) of the Appellate Jurisdiction Act [Cap 141 R.E. 2002; now R.E. 2019] (henceforth the AJA) and Rule 65 (1), (2), (3), (4) and (5) of the Tanzania Court of Appeal Rules, 2009 (henceforth the Rules). The Court is invited to exercise its revisional powers to call for, examine and revise the records of the proceedings in Commercial Case No. 161 of 2018 (the suit) before the High Court of Tanzania (Commercial Division) at Dar es Salaam (the High Court) and in particular the ruling and its drawn order.
NONDO KALOMBOLA t/a N J. PETROLEUM SPRL VERSUS BROADGAS PETROLEUM (TZ) LIMITED. CIVIL APPLICATIONS NOs. 165/16 & 518/16 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2019-03-01) KWARIKO. J.A; KEREFU. J.A; KIHWELO. J.A.
When this application was called on for hearing, at the instance of the learned counsel for the parties, the Court Consolidated Civil Applications Nos. 165/16 and 518/16 of 2019 which arose from the decision of the High Court of Tanzania, Commercial Division at Dar es Salaam in Commercial Case No. 59 of 2013 dated 8th January, 2015.