Court of Appeal of Tanzania: Recent submissions
Now showing items 161-180 of 627
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GOLDEN PALM LIMITED VS. COSMOS PROPERTIES LIMITED. CIVIL APPLICATION NO. 561/01 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)Held; 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 ... -
ABDALLAH THABIT HUWEL VS. THE REGISTERED TRUSTEES OF MOVIMENTO POPULAR DE LIBERTACAO DE ANGOLA (MPLA) AND 4 OTHERS. CIVIL APPLICATION NO. 562/17 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)Held; 1. The Chief Justice has power to initiate revisional proceedings under Section 4(3) of the Appellate Jurisdiction Act, [Cap 141 R.E 2019], 2. The revisional proceedings initiated by the Court suo motto is not ... -
PRAKSED BARNABAS (Legal representative of HARRISON MAN DALI AND 9 OTHERS VS. THE REGISTERED TRUSTEES OF THE ARCHDIOCESE OF DAR ES SALAAM. CIVIL APPLICATION NO. 480/17 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)Held; i. The law is long settled and clear that revision is not an alternative to the appeal process. ii. It is momentous to observe that whereas revision is at the discretion of the court, an appeal is a right of a party ... -
ATTORNEY GENERAL VS. MKONGO BUILDING AND CIVIL WORKS CONTRACTORS LTD CIVIL APPLICATION NO. 166/16 OF 2020 AND ANOTHER
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-01)Held; i. It is settled that any person not being a party to the proceedings of the Subordinate Court with Extended Jurisdiction or the High Court has no right of appeal and thus his only recourse to the Court is an ... -
RUTH MAKARANGA VS. SALUM AYUBU. CIVIL APPLICATION NO. 363/17 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)Held; 1. As a general rule it is the duty of the applicant to lodge with the Court a complete record of the proceedings sought to be revised as stated in the case of Zanair Limited and Another v. Hassan & Sons Ltd, Civil ... -
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)Held; 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 ... -
UBAYA SALEH MNYIMADI VS. BENJAMIN SENGEREMA CHAYAI AND ANOTHER CIVIL APPLICATION NO. 568/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-07)Held; 1. The Court reiterated the principles stated in the case of Moses J. Mwakibete v. The Editor-Uhuru, Shirika la Magazeti ya Chama and National Printing Co. Ltd (1995) TLR 134 and Transport Equipment Ltd v. Devram ... -
RAMADHANI MIKIDADI VS. TANGA CEMENT COMPANY LTD. CIVIL APPLICATION NO. 275/01 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-16)Held: (i) It is now settled that the Court’s revisional power is exercised under exceptional circumstances. The fact that revisional powers of the Court can only be exercised where there is no right of appeal is well settled ... -
NONDO KALOMBOLA t/a N J. PETROLEUM SPRL AND ANOTHER VS. BROADGAS PETROLEUM (TZ) LIMITED AND 3 OTHERS. CONSOLIDATED CIVIL APPLICATIONS NOs. 165/16 & 518/16 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)Held i) Court’s power of revision can only be invoked where there is no right of appeal, where right of appeal exists but has been blocked by judicial process, there is existence of special circumstances and where a person ... -
GM CROSS AFRICA LIMITED VS. FIRST NATIONAL BANK TANZANIA LIMITED AND 2 OTHERS CIVIL APPLICATION NO. 284/17 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-30)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 ... -
DOUBLE A COMPANY LIMITED AND 3 OTHERS VS. ECOBANK TANZANIA LIMITED. CIVIL APPLICATION NO. 124/16 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-29)i. Once an application for copies of proceedings to facilitate an appeal has been filed and that the applicant has reminded the Registrar, an intended respondent should not ask the court to strike out notice of appeal, for ... -
M BARA LA A. MAHARAGANDE AND 4 OTHERS VS. MAHIKU A. MAHARAGANDE CIVIL APPLICATION NO. 469/01 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-12)1. The applicant must lodge the application within fourteen days from the date that he was served with the notice of execution or from when he became aware of the execution proceedings in terms of rule 11 (4) of the Court ... -
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)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 from ... -
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 ... -
SERENGETI BREWERIES LIMITED VS. JOSEPH MAIGE MASHAURI. CIVIL APPLICATION NO. 271/05 OF 2019
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-09-22)Held: (i) Conceivably, once the deposited funds are released to the respondent, they may not be easily recoverable from the respondent who is an individual with no known assets in the event that the applicant succeeds in ... -
RUTH MAKARANGA VS. SALUM AYUBU CIVIL APPLICATION NO. 363/17 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)1. As a general rule it is the duty of the applicant to lodge with the Court a complete record of the proceedings sought to be revised as stated in the case of Zanair Limited and Another v. Hassan & Sons Ltd, Civil Application ... -
AUSTACK ALPHONCE MUSHI VS. BANK OF AFRICA TANZANIA LTD AND ANOTHER. CIVIL APPLICATION NO. 644/06 OF 2021
(THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-09-28)(i) An error on the face of the record essentially envisages a plain error that is obvious, discernible, and substantial. After the Court perusal of the notice of motion and its supporting affidavit has not been able to ... -
FINCA TANZANIA LIMITED VS. HASSAN LOLILA CIVIL APPLICATION NO. 165/18 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)1. The law is very settled and clear in this jurisdiction that, in order for the applicant to succeed to prompt the court to exercise its discretion under rule 63(3) of the Rules to restore an application which was dismissed ... -
GURMIT SINGH VS. MEET SINGH AND ANOTHER CIVIL APPEAL NO. 256 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2022-12-03)In the light of the foregoing, we are constrained to answer the sole issue discussed in this judgment in the affirmative. We have come to such conclusion upon being satisfied that the appellant was wrongly denied his ... -
MUFINDI PAPER MILLS LIMITED VS. IBATU VILLAGE COUNCIL AND 3 OTHERS CIVIL REVISION NO. 555/17 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-19)We are, in this case settled in our mind that whereas the applicant was not made a party to the proceedings, nevertheless the title that she claimed in the suit land was extinguished without her being heard. On account of ...
