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  PHILEMON VANAI SAITERU MOLLEL v. WILLIAM TITUS MOLLEL ,CIVIL APPLICATION NO. 372/02 OF 2022 

  MWANDAMBO, J.A; KIHWELO, J.A; MGONYA, J.A (THE COURT OF APPEAL OF TANZANIA, 2021-05-07)

  Held: (i) A party seeking admission of additional evidence on appeal must satisfy the required conditions cumulatively; failure to utilize the evidence at trial without justification does not warrant its admission. (ii) ...
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  KIBO CORRIDOR LIMITED v. RAVJI INVESTMENTS COMPANY LIMITED, CIVIL APPLICATION NO. 322/05 OF 2022 

  JUMA, J.A; NDIKA, J.A; KITUSI, J.A (THE COURT OF APPEAL OF TANZANIA, 2018-11-05)

  Held: (i) Given the tone of Rule 113 (1), of the Court of Appeal Rules an application to argue additional grounds of appeal rarely provokes resistance especially when the ground is about the jurisdiction of the trial court.
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  EDWARD JAPHET MBANGALA AND ANOTHER v. TENENDE MWAKAGILE, CIVIL APPEAL NO. 415 OF 2020 

  MKUYE, J.A; KIHWELO, J.A; MGEYEKWA, J.A (THE COURT OF APPEAL OF TANZANIA, 2016-11-11)

  Held: (i) The period to appeal starts to run from the date when the appellants lodged the notice of appeal, in the instant appeal, the notice of appeal was lodged on 16th November 2016 and the appeal was filed on 20th ...
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  ECOBANK TANZANIA LIMITED v. DOUBLE A. CO. LIMITED & 3 OTHERS, CIVIL APPLICATION NO. 178/16 OF 2021 

  MWAMBEGELE, J.A; RUMANYIKA, J.A; LEVIRA, J.A (THE COURT OF APPEAL OF TANZANIA, 2019-05-21)

  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.
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  ECOBANK TANZANIA LIMITED v. A.A. TRANS LIMITED and 3 OTHERS, CIVIL APPEAL NO. 399 OF 2020 

  MWAMBEGELE, J.A; MAIGE, J.A; MDEMU, J.A (THE COURT OF APPEAL OF TANZANIA, 2019-11-29)

  Held: (i) Since the respondents were jointly represented and their defense was uniform, the instruction fees should have been shared among them, rather than awarding them separately.
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  ABDUL IBRAHIM v. AYUBU MWALEMBA AND ANOTHER, CIVIL APPLICATION NO. 642/06 OF 2021 

  RUMANYIKA, J.A (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 ...
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  GURMIT SINGH v. MEET SINGH AND ANOTHER, CIVIL APPEAL NO. 256 OF 2018 

  MWARIJA, J.A; KEREFU, J.A; KENTE, J.A (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 ...
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  LAEMTHONG RICE CO. LTD v. PRINCIPAL SECRETARY MINISTRY OF FINANCE ZANZIBAR, CIVIL APPEAL NO. 259 OF 2019 

  MUGASHA, J.A; KITUSI, J.A; RUMANYIKA, J.A (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.
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  PRIME CATCH (EXPORTS) LIMITED AND OTHERS v. DIAMOND TRUST BANK TANZANIA LIMITED, CIVIL APPEAL NO. 273 OF 2019 

  MWAMPASHI, J.A; MUGASHA, J.A; LEVIRA, J.A (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 ...
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  BARCLAYS BANK (T) LTD v. TANZANIA PHARMACEUTICALS INDUSTRIES LTD AND OTHERS, CIVIL APPLICATION NO. 231/16 OF 2010 

  NDIKA, J.A; FIKIRINI, J.A; KIHWELO, J.A (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 ...
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  ATTORNEY GENERAL v. MKONGO BUILDING AND CIVIL WORKS AND ANOTHER, CIVIL APPLICATION NO. 166/16 OF 2020 

  WAMBALI, J.A; KEREFU, J.A; MWAMPASHI, J.A (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 ...
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  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 

  NDIKA, J.A; KENTE, J.A; MAKUNGU, J.A (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. ...
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  LUCKSON RUTAFUBIBWA KIIZA (The Administrator of the Estate of the late Angelina Bagenyi v. ERASMUS RUHUNGU, CIVIL APPEAL NO. 375 OF 2021 

  MWARIJA, J.A; SEHEL, J.A; MAIGE, J.A (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.
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  CAPITAL DRILLING (T) LIMITED v. ALEX BARTHAZALI KABENDERA, CIVIL APPEAL NO. 370 OF 2019 

  MUGASHA, J.A; KEREFU, J.A; KIHWELO, J.A (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.
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  SAIDA KAUMO v. TANZANIA TELECOMMUNICATION, CORPORATION, CIVIL APPEAL NO. 10 OF 2020 

  LILA, J.A (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 ...
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  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 

  WAMBALI, J.A; KEREFU, J.A; RUMANYIKA, J.A (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 ...
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  SAIDI OMARI MOHAMEDI (As administrator of the Estate of the Late Tarimu Mohamed) v. ABDALLAH MSELEM, CIVIL APPLICATION NO. 144/12 OF 2023 

  LILA, J.A (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 ...
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  SAID MPAMBIJE KAMAGA & ANOTHER v. NYAMENDE SWETU FUNDIKIRA & 3 OTHERS, CIVIL APPEAL NO. 430 of 2022 

  MKUYE, J.A; GALEBA, J.A; MASOUD, J.A (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 ...
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  SAID ABDALLAH DOGA v. ROSE FRIDOLINE MWAPINGA & ANOTHER, CIVIL REVISION NO. 1 OF 2020 

  ISSA, J.A; ISMAIL, J.A; MWANDAMBO, J.A (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. ...
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  SAHARA MEDIA GROUP LIMITED v. ANATORY JOHN, CIVIL APPEAL NO. 134 OF 2020 

  WAMBALI, J.A; MAIGE, J.A; MGONYA, J.A (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.

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