Browsing CASE SUMMARY by Author "NDIKA, J.A"
Now showing items 1-9 of 9
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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 ... -
EPHRAEM CHRISTOPHER MANASE MREMA v. HOMANGE KASTORY KUNZUGALA, CIVIL APPLICATION NO. 999/06 OF 2023
(THE COURT OF APPEAL OF TANZANIA, 2023-06-05)Held: (i) The certificate of delay issued under rule 90(1) of the Court of Appeal Rules was invalid for a revision application. It applies only to appeals. (ii) Overriding objective principle under sections 3A and 3B of ... -
KIBO CORRIDOR LIMITED v. RAVJI INVESTMENTS COMPANY LIMITED, CIVIL APPLICATION NO. 322/05 OF 2022
(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. -
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. ... -
PENDO FULGENCE NKWENGE v. DR. WAHIDA SHANGALI, CIVIL APPLICATION NO. 394/01 OF 2022
(THE COURT OF APPEAL OF TANZANIA, 2022-03-25)Held: (i) Manifest error must be a patent error on the face of the record not requiring long-drawn arguments to establish it. (ii) Review should not be utilized as a backdoor method to unsuccessful litigants to re-argue ... -
PETRO ROBERT MYAVILWA (ADMINISTRATOR OF THE ESTATE OF THE LATE ROBERT PETRO MYAVILWA v. ABEL MWALIBETI& 4 OTHERS
(THE COURT OF APPEAL OF TANZANIA, 2021-10-05)Held: (i) Courts cannot have any excuse to decide matters that adversely affect the rights of the subjects without affording them a hearing. For, the omission abrogates principles of natural justice. -
PETRO ROBERT MYAVILWA (ADMINISTRATOR OF THE ESTATE OF THE LATE ROBERT PETRO MYAVILWA v. ABEL MWALIBETI& 4 OTHERS, CIVIL APPLICATION NO. 640/06 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2021-10-05)This is an application for revision in which the applicant seeks the Court's indulgence to revise the decision of the High Court of Tanzania in Land Case No. 50 of 2014, delivered on 18th August 2015. The application is ... -
PHARES PARTSON MATONYA (As the Administrator of the Estate of the late PARTSON MATONYA v. REGISTRAR, INDUSTRIAL COURT OF TANZANIA &2 OTHERS, CIVIL REFERENCE NO. 26 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, 2019-08-06)The Applicant filed an application in the Court of Appeal of Tanzania praying reference for reversal of the decision of a single Justice of the Court on the ground that the single Justice erred in holding that “he failed ... -
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 ...
