Court of Appeal of Tanzania: Recent submissions
Now showing items 141-160 of 627
-
JACKLINE HAMSON GHIKAS VS. MLLATIE RICHIE A SSEY CIVIL APPLICATION NO. 656/01 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-15)i)a preliminary objection must satisfy three conditions viz; one, the point of law raised must either be pleaded or must arise as a clear implication from the proceedings; two, that it must be a pure point of law which ... -
TANGANYIKA WATTLE COMPANY LIMITED VS. DOLPHIN BAY CHEMICALS (PTY) LTD CIVIL APPLICATION NO. 521/16 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-16)(i) When all requisite conditions are met the Court has to grant the stay of execution. (ii) The application which has not contested, has merit. -
METHUSELA ENOKA VS. NATIONAL MICROFINANCE BANK LTD CIVIL APPEAL No. 266 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)(i) Appeal is time barred but the appellantis entitled to exclusion under section 19(2) (3) of the Act without necessarily attaching any document to the memorandum of appeal. (ii) The exclusion is automatic as long as ... -
STATE OIL TANZANIA LIMITED VS. EQUITY BANK TANZANIA LIMITED AND ANOTHER CIVIL APPLICATION NO. 426/16 OF 2022
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-15)(i) Even if the respondent would have written the letter of reminder to the registrar of the high court within 14 days after expiry of 90 days still, he would not have supplied the requested copy of the proceedings the ... -
VOLTALIA S. A. FRANCE VS. NEXTGEN SOLAWAZI LIMITED CIVIL APPEAL NO. 272 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-15)(i) In the instance the Registrar of the High Court miscalculated the days spent in preparing and supplying the documents to the appellant the Certificate of delay is invalid. (ii) More often than not, the Court denied ... -
CATS NET LIMITED VS. TANZANIA COMMUNICATION REGULATORY AUTHORITY CIVIL APPLICATION NO. 526/01 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-04)(i) The assertion on Mr. Cosatta's sickness becomes insignificant because even if it is true that he was sick to the extent of not being able to enter appearance, still he was supposed to so inform the Court before or at ... -
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)1. 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. 2.Standard of proof in a civil case is on a preponderance of probabilities, ... -
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 ... -
EXIM BANK TANZANIA LIMITED VS. YAHAYA HAMISI MUSA (As the Administrator of the Estate of the Late HAMISI MUSA MOHAMED t/a AND ANOTHER CIVIL APPEAL NO. 275 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-28)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 herein ... -
ISSA OMARI MAPESA VS. JUMANNE SEBARUA. CIVIL APPLICATION NO. 189/01 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-12)1. Submissions are not evidence but information expounding on the general features of the party's case. The Court restated this principle based what was decided in the case of Khalid Mwisongo v. M/S Unitrans (T) Ltd, Civil ... -
TANZANIA BUREAU OF STANDARDS ATTORNEY GENERAL VS. CHARLES NYATO CIVIL APPLICATION NO. 315/01 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-19)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 ... -
BHARYA ENGINEERING AND CONTRACTING CO. LTD VS. LABOUR COMMISSIONER AND ANOTHER. CIVIL APPLICATION NO. 398/18 OF 2022.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-14)Held For an application for stay of execution to be granted 1.The Applicant must Lodge Notice of Appeal within time 2.Application must be lodged within 14 days from the date when the notice of execution was served upon ... -
ECOBANK TANZANIA LIMITED VS. DOUBLE A CO. LIMITED 3 OTHERS. CIVIL APPLICATION NO. 178/16 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-19)Held: (i) The law is settled that for the full Court to grant a stay of execution, the check list of the requisite conditions stated under rule 11(4) (5) and (7) of the Rules should be satisfied cumulatively. The Court ... -
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 ...
