Browsing CASE SUMMARY by Title
Now showing items 1-20 of 55
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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 ... -
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 ... -
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 ... -
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 ... -
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. -
Civil Appeal No. 126 of 2020 – Land Ownership & Contract Validity
(Office of the Solicitor General (OSG), 2020)This case involves a dispute over the rightful ownership of a suit property following an auction sale in execution of a decree. The Court of Appeal of Tanzania set aside the High Court decision after finding that the ... -
D. N. BAHRAM LOGISTICS LTD & ANOTHER v. NATIONAL BANK OF COMMERCE LTD & ANOTHER, CIVIL APPLICATION NO. 102/01 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2021-03-04)Held: (i) For the Court to review its own decision, the error complained about must be apparent such that a person running and reading could see, further how the said error has prejudiced them. It further insisted that, ... -
DOMINIC ISHENGOMA v. GEITA GOLD MINING LTD, CIVIL REFERENCE NO. 8 OF 2023
(THE COURT OF APPEAL OF TANZANIA, 2022-12-08)Held: (i) The amendment of Section 5 of the Appellate Jurisdiction Act, through The Legal Sector Laws (Miscellaneous Amendment) Act No. 11 of 2023, removed the requirement for obtaining leave to appeal to the Court. (ii) ... -
ENZA ZADEN AFRICA LIMITED v. EDWIN KASENA, CIVIL APPEAL NO. 427 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2020-09-14)Held: (i) Failure to investigate before initiating disciplinary proceedings renders termination procedurally unfair. (ii) Rule 13(1) of the Code of Good Practice mandates the undertaking of an investigation to determine ... -
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 ... -
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. -
GEITA GOLD MINE v. TRUWAY MUNETH AND YASEMA KUYELA CIVIL APPEAL NO. 66 OF 2020
(COURT OF APPEAL, 2023-07-13)(Appeal against the decision of the High Court of Tanzania at Mwanza, Gwae, J dated 17th day of November, 2017 in HC Civil Appeal No.17 of 2017.)Civil Procedure and Practice- Succession of Trial – Whether the succession ... -
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 ... -
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. -
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 ... -
KIGOMA UJIJI MUNICIPAL COUNCIL v. ULIMWENGU RASHID t/a UJIJI MARK FOUNDATION, CIVIL APPEAL NO. 222 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, 2020-03-05)Held: (i) The suit before the High Court was time-barred, consequently the court did not have the requisite jurisdiction to adjudicate on the matter and pronounce judgment from which an appeal could lie to this Court. -
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. -
KONYAGI JANDWA v. SWISSPORT TANZANIA PLC, CIVIL APPLICATION NO. 217/18 OF 2022
(THE COURT OF APPEAL OF TANZANIA, 2021-11-29)Held: (i) For an application of an extension of time to be granted an applicant has to account for each day of the delay. (ii) An affidavit which mentions another person, that other person must swear an affidavit otherwise ... -
KULWA LUTAMBI v. IRENEO SAYI GORESHI, CIVIL APPEAL NO. 346 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2018-10-24)Held: (i) The overriding objective is not to be invoked blindly to gloss over/flout the mandatory provisions of procedural law. -
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.
