Browsing CASE SUMMARY by Issue Date
Now showing items 1-20 of 55
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MWAJUMA MBEGU v. KITWANA AMANI, CIVIL APPEAL NO. 12 of 2001
(THE COURT OF APPEAL OF TANZANIA, 1993-05-18)Held: (i) A public document that had not been tendered in evidence as the proof of the facts in the trial cannot be relied upon in making findings. (ii) Judicial findings must be based on admissible evidence, and any ... -
JACKSON REUBEN MARO v. HUBERT SEBASTIAN, CIVIL APPEAL NO. 84 of 2004
(THE COURT OF APPEAL OF TANZANIA, 1999-12-03)Held: (i) Wills under customary law, that applies to Kilimanjaro Region are governed by Government Notice No.436 of 1963. Since the conditions for making a valid will were not complied with, no valid will was made and ... -
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. ... -
AMEIR MBARAK & ANOTHER v. EDGAR KAHWILI, CIVIL APPEAL NO. 154 of 2015
(THE COURT OF APPEAL OF TANZANIA, 2012-05-28)Held: (i) Lack of the opinion of the assessors renders the decisionof the Land and Housing Tribunal nullity and it cannot be resuscitated by seeking fresh opinion of the assessors. (ii) It is mandatory for assessors to ... -
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. ... -
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 ... -
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 ... -
PRIMUS KIIZA (Legal representative of the late Asha Mohamed) v. MARIAM MSENGI, CIVIL APPLICATION NO. 157/17 OF 2017
(THE COURT OF APPEAL OF TANZANIA, 2014-12-05)Held. (i) A review under Order XLII Rule 1 of the Civil Procedure Code, Cap. 33, has a narrow scope and is not meant to challenge the merits of a High Court decision but rather to correct errors apparent on the face of the ... -
FELICIAN MUHANDIKI v. THE MANAGING DIRECTOR, BARCLAYS BANK TANZANIA LIMITED, CIVIL APPEAL NO. 82 OF 2016
(THE COURT OF APPEAL OF TANZANIA, 2015-04-29)Held: (i) General damages should be based on evidence, and while judges have discretion, they must provide reasons for their award. -
MRS. RAFIKIHAWA MOHAMED SADIK v. AHMED MABROUK&2 OTHERS, CIVIL APPLICATION NO. 250/01 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2015-07-14)Held: (i) The Appellant did not reveal any special circumstances to warrant the Court to exercise its revisional power. The delay to be supplied with the requisite documents for appeal purposes and wrong advice from a ... -
PATRICK EDWARD MOSHI v. COMMERCIAL BANK OF AFRICA (T) LTD, CIVIL APPEAL NO. 376 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2016-05-12)This is an appeal arising from the judgment and decree of the High Court of Tanzania, delivered o in Land Case No. 49 of 2011. The Respondent sued the appellant at the High Court, seeking payment of TZS 1,100,896,328.49, ... -
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 ... -
KOMESHA SEQURITY SERVICES LTD v. FIDELIS MGIMWA AND OTHERS, CIVIL APPEAL NO. 245 of 2019
(THE COURT OF APPEAL OF TANZANIA, 2016-09-15)Held: (i) The appeal ought to have been filed within sixty days from the date of the lodgment of the notice of appeal. As the appeal was filed beyond the prescribed time of sixty days, the appeal is time barred. -
PASCHAL MAGANGA v. KITINGA MBARIKA, CIVIL APPEAL NO. 240 of 2017
(THE COURT OF APPEAL OF TANZANIA, 2016-10-25)Held: (i) Without a proper will giving ownership of the disputed house to the Respondent, he had nothing to pass to the Appellant, that is to say, no good title passed from him. No one gives a better title to property than ... -
PHILEMON VANAI SAITERU MOLLEL v. WILLIAM TITUS MOLLEL (THE ADMINISTRATOR OF THE ESTATE OF THE LATE TITUS ARON MOLLEL &ANOTHER, CIVIL APPLICATION NO. 494/02 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2017-05-07)This is an application for extension of time under Rule 10 of the Tanzania Court of Appeal Rules, 2009. The applicant seeks leave to serve the respondents with the notice of appeal and a letter requesting High Court ... -
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 ... -
HASSAN NG’ANZI KHALFAN v. NJAMA JUMA MBEGA AND ANOTHER, CIVIL APPLICATION NO. 218 of 2018
(THE COURT OF APPEAL OF TANZANIA, 2018)Held: (i) It is a settled principle that the revisional power of the court is not an alternative to its appellate jurisdiction unless there are exceptional circumstances. -
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 ... -
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 ... -
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.
