CASE SUMMARY
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A case summary is a brief and structured overview of a judicial decision. It provides a quick reference to the facts, legal issues, court’s reasoning, and final ruling of a case. Case summaries help legal practitioners, researchers, and students understand key aspects of a case without reading the full judgment.
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CASE SUMMARY [55]
Case summaries help legal practitioners, researchers, and students understand key aspects of a case without reading the full judgment.
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ABDUL IBRAHIM v. AYUBU MWALEMBA AND ANOTHER, CIVIL APPLICATION NO. 642/06 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2021-10-21)Held: (i) An application for extension of time cannot be time-barred, as doing so would render Rule 10 of the Tanzania Court of Appeal Rules meaningless. (ii) For an application for an extension of time to succeed, the ... -
GURMIT SINGH v. MEET SINGH AND ANOTHER, CIVIL APPEAL NO. 256 OF 2018
(THE COURT OF APPEAL OF TANZANIA, 2014-09-17)Held: (i) The omission of drawn orders from the record of appeal violates Rule 96(1)(h) and (i) of the Court of Appeal Rules, as these orders are essential documents necessary for the determination of the appeal and must ... -
LAEMTHONG RICE CO. LTD v. PRINCIPAL SECRETARY MINISTRY OF FINANCE ZANZIBAR, CIVIL APPEAL NO. 259 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2018-11-21)Held: (i) The Registrar has no authority to alter judgment and decree of the High Court in execution nor any previous order issued by the Court in the case. -
PRIME CATCH (EXPORTS) LIMITED AND OTHERS v. DIAMOND TRUST BANK TANZANIA LIMITED, CIVIL APPEAL NO. 273 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2017-05-15)Held: (i) The right of a party to be heard before adverse decision is taken against such party is so basic that a decision arrived at in violation of it will be nullified. (ii) it is cardinal principle of statutory ... -
BARCLAYS BANK (T) LTD v. TANZANIA PHARMACEUTICALS INDUSTRIES LTD AND OTHERS, CIVIL APPLICATION NO. 231/16 OF 2010
(THE COURT OF APPEAL OF TANZANIA, 2014-06-02)Held; (i) Failure to comply with procedural requirements, such as filing witness statements before the hearing, prevents the hearing from proceeding, as witness statements are essential for the tendering of documents, cross ... -
ATTORNEY GENERAL v. MKONGO BUILDING AND CIVIL WORKS AND ANOTHER, CIVIL APPLICATION NO. 166/16 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2018-03-12)Held: (i) A person who is not a party to the proceedings of the Subordinate Court with Extended Jurisdiction or the High Court has no right of appeal, and their only recourse to the Court of Appeal is through an application ... -
MARY AGNES MPELUMBE in her capacity as Administratrix of the Estate of ISAYA SIMON MPELUMBE v. SHEKHA NESSER HAMUD, CIVIL APPEAL NO. 136 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2013-11-28)Held: (i) The burden of proof lies in the party who alleges, as provided under section 110 of the Evidence Act, Cap. 6 R.E. 2022, and in civil cases, the standard of proof is based on the preponderance of probabilities. ... -
LUCKSON RUTAFUBIBWA KIIZA (The Administrator of the Estate of the late Angelina Bagenyi v. ERASMUS RUHUNGU, CIVIL APPEAL NO. 375 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2018-08-08)Held: (i) A decision reached without affording the parties a right to be heard is a fundamental error that renders the decision void. -
CAPITAL DRILLING (T) LIMITED v. ALEX BARTHAZALI KABENDERA, CIVIL APPEAL NO. 370 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2019-02-19)Held: (i) The failure to administer an oath or affirmation before testifying renders the evidence invalid and vitiates the proceedings. -
SAIDA KAUMO v. TANZANIA TELECOMMUNICATION, CORPORATION, CIVIL APPEAL NO. 10 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2018-08-29)Held: (i) A court must correctly interpret and apply saving provisions in transitional laws to ensure that pending disputes are determined by the appropriate forum with the requisite jurisdiction. (ii) In terms of paragraph ... -
SALMA SALUM SAID (Administratrix of the deceased Salum Mohamed Said) v. DAR ES SALAAM WATER AND SEWERAGE AUTHORITY (DAWASA). CIVIL APPEAL NO. 188 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2019-07-26)Held: (i) A trial that commences and proceeds without the legal representative of a deceased party being formally joined as a party constitutes a fatal irregularity, rendering the proceedings a nullity. Court invoked its ... -
SAIDI OMARI MOHAMEDI (As administrator of the Estate of the Late Tarimu Mohamed) v. ABDALLAH MSELEM, CIVIL APPLICATION NO. 144/12 OF 2023
(THE COURT OF APPEAL OF TANZANIA, 2019-05-21)Held: (i) So as to expedite dispensation of justice and to avoid congestion of unnecessary applications in our registries, legal representatives should be permitted, upon oral application in Court and presentation of ... -
SAID MPAMBIJE KAMAGA & ANOTHER v. NYAMENDE SWETU FUNDIKIRA & 3 OTHERS, CIVIL APPEAL NO. 430 of 2022
(THE COURT OF APPEAL OF TANZANIA, 2016-06-06)Held: (i) There is no law which demands the administrator to seek and obtain consent of the heirs when administering the deceased's estate (ii) Once an administrator has lawfully discharged their duties, including the sale ... -
SAID ABDALLAH DOGA v. ROSE FRIDOLINE MWAPINGA & ANOTHER, CIVIL REVISION NO. 1 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2009-10-30)Held: (i) A matter that has been struck out for being time-barred can only be revived through an application for an extension of time, which, if granted, allows the filing of a new appeal under a different case number. ... -
SAHARA MEDIA GROUP LIMITED v. ANATORY JOHN, CIVIL APPEAL NO. 134 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2019-08-28)Held: (i) Evidence given without being taken under oath or affirmation is inadmissible in legal proceedings. Omission to do so vitiates proceedings. -
REUBEN LUBANGA v. MOZA GILBERT MUSHI & 2OTHER, CIVIL APPLICATION NO 533/01 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2021-08-26)Held: (i) Illegality by itself can, if it is apparent on the face of the record and of sufficient importance, be a good cause for extension of time. (ii) In deciding whether or not to grant an extension of time, the Court ... -
REGISTRED TRUSTEES OF THE HEALING MINISTRY OF AGAPE INTERNATIONAL (HEMA INTERNATIONAL) v. BENNY MWANG'ONDA & 2 OTHERS, CIVIL APPLICATION NO. 620/17 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2019-05-21)Held: (i) The phrase good cause has not been defined by any written law as it cannot apply identically in all circumstances to create a legal principle and issue (ii) Judicial discretion in determining good cause should ... -
POWER ROADS TANZANIA LIMITED v. BANK OF AFRICA TANZANIA LIMITED, CIVIL APPEAL NO. 429 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2019-11-27)Held: (i) Parties are bound by their pleadings, and it is not open for a court to base its decision on an unpleaded issue. (ii) Issues for determination in a suit generally drizzle from the pleadings, and unless the ... -
RADI SERVICES LIMITED v. STANBIC BANK (T) LIMITED, CIVIL APPEAL NO. 260 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2018-01-02)Held: (i) A court lacks jurisdiction to adjudicate a suit that is time-barred, and any judgment rendered in such a case is invalid. (ii) Generally, the right of action accrues on the date on which the cause of action ... -
PUMA ENERGY TANZANIA LIMITED v. DIAMOND TRUST BANK TANZANIA LIMITED, CIVIL APPLICATION NO. 68/16 OF 2022
(THE COURT OF APPEAL OF TANZANIA, 2021-05-17)Held: (i) An application for stay of execution will be granted when the applicant satisfies all the conditions set under Rule 11 (3), (4), and (5) of the Tanzania Court of Appeal Rules.
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