Browsing JUDGMENTS by Title
Now showing items 1-20 of 629
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1. MUSSA JOSEPH KUMILI 2. EDWIN FAUSTINE SAMIKE VS. M/S AUSDRILL TANZANIA LIMITED.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2014-08-07)The application before us has its genesis in a labor matter which was decided on 27/09/2013 in the Labor Division of the High Court whereby Wambura, J.decreed the present respondents to pay the applicants 12 months’ salary ... -
AARIF YUSUF SHARIF VS SABRI MWADINI HAJI 2025 TZCA 90 (21 FEBRUARY 2025)
(THE COURT OF APPEAL OF TANZANIA, 2025-01-21)When the matter came for hearing on 13th February 2025, by way of video conference from Dar es Salaam Mr. Sabri Saleh and Dimesh Mawji learned counsel appeared for the applicant, and Mr. Reginald Martin and Helena Ignas ... -
ABBAS ALLY ATHUMAN BANTULAKI AND ANOTHER VS. KELVIN VICTOR MAHITY (Administrator of the Estate of the late PETER WALCHER)CIVIL APPEAL NO. 385 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-16)Held; i. Administrator’s actions are bound to be for the benefit of the rightful heirs and are precluded from embezzling in any way misapplying the deceased estate. ii. A requirement to appoint an administrator of the ... -
ABDALLAH MBARAKA NAHDI VS. MANSOUR INDUSTRIES LTD.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2018-02-20)Against this appeal filed by Abdallah Mbaraka Nahdi, the respondent, through Mr. Constantine Mutalemwa of a Law Firm going by the name Mutalemwa & Co.Advocates, lodged a notice of preliminary objection. The preliminary ... -
ABDALLAH MOHAMED VS. SUPA FOOD CORPORATION LIMITED
(THE COURT OF APPEAL OF TANZANIA, 2011-02-14)Under the circumstances, we are in respectful agreement with both the learned advocates for the parties, who are incidentally the same in both the civil appeal and civil application, that the hearing of the civil appeal ... -
ABDALLAH THABIT HUWEL VS. THE REGISTERED TRUSTEES OF MOVIMENTO POPULAR DE LIBERTACAO DE ANGOLA (MPLA) AND 4 OTHERS. CIVIL APPLICATION NO. 562/17 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)Held; 1. The Chief Justice has power to initiate revisional proceedings under Section 4(3) of the Appellate Jurisdiction Act, [Cap 141 R.E 2019], 2. The revisional proceedings initiated by the Court suo motto is not ... -
Abdi M. Kipoto Versus Chief Arthur Mtoi, Civil Appeal No. 75 Of 2017
(THE COURT OF APPEAL OF TANZANIA, 2020-02-28)Village Land is abandoned if it is not used for five years since allocation, or rent, tax or dues have not been paid -
ABDUL IBRAHIM VS. AYUBU MWALEMBA AND ANOTHER. CIVIL APPLICATION NO. 642/06 OF 2021
(THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-10-05)HELD: 1. With great respect, the preliminary objection which concerns with time bar to the present application is misconceived. Frankly speaking, I did not understand if Mr. Mwanri meant it that, an application for extension ... -
ABDUL IBRAHIM VS. AYUBU MWALEMBA AND THE REGISTERED TRUSTEE OF BAKWATA CIVIL APPLICATION NO. 642/06 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-10-05)1.With great respect, the preliminary objection which concerns with time bar to the present application is misconceived. Frankly speaking, I did not understand if Mr. Mwanri meant it that, an application for extension of ... -
ABDULA ABDALLAH MNOLA VS JOSEPH SIMON MALIMA (CIVIL APPLICATION NO 1407 OF 2024) 2025 TZCA 68 (14 FEBRUARY 2025)
(THE COURT OF APPEAL OF TANZANIA, 2025-02-14)This application was brought to the attention of this Court by way of a Notice of Motion filed under Rule 11 (3), 11 (4A), 11 (5) (a) & (b), 11 (6), 11 (7) (a), (b), (c), and (d) of the Tanzania Court of Appeal Rules, 2009. ... -
Abdulrzack Omary Laizer And Another Vs Maria Idd, Civil Application No.28 Of 2014, In The Court Of Appeal Of Tanzania At Arusha, [Unreported] Pp 4-7 (Coram: Mjasiri. J.A. Kailage, J.A. And Mussa, J.A.
(THE COURT OF APPEAL OF TANZANIA, 2015-02-16)That rule 4(2) (a) of the Rules could validly be resorted to in situations for which no provision is made under the Rules.An intending appellant shall, before, or within fourteen days after lodging a notice of appeal, serve ... -
ABSA BANK TANZANIA LIMITED (FORMERLY KNOWN AS BARCLAYS BANK TANZANIA LTD AND ANOTHER VS. HJORDIS FAMMESTAD.
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2021-10-01)Hjordis Fammestad, the respondent herein, successfully sued the appellants vide Commercial Case No.6 of 2018, claiming for payment of USD 335,121.59 being the amount withdrawn allegedly without her authorization plus ... -
ABSA BANK TANZANIA LIMITED AND ANOTHER VS HJORDIS FAMMESTAD (CIVIL APPEAL NO. 30 OF 2020) [2024] TZCA 1273 (13 DECEMBER 2024)
(THE COURT OF APPEAL OF TANZANIA, 2024-12-13)This appeal is against the judgment and decree of the High Court of Tanzania (Commercial Division) in Commercial Case No.6 of 2018. In that suit, the respondent had sued the appellants jointly and severally for payment of ... -
ADROFU FULGENSI MFUNYA V.S JUMA HEREYE AND 2 ANOTHERS.
(THE COURT OF APPEAL OF TANZANIA, KIGOMA., 2021-07-01)The appellant, Adolf Fulgensi Mfunya successfully sued Juma Hereye and Sospita Mpoma, the first and second respondents respectively, in the District Land and Housing Tribunal for Kigoma at Kigoma (the DLHT) in Land Application ... -
ADVATECH OFFICE SUPPLIES LIMITED VS. MS. FARHIA ABDULLAH NOOR BOLSTO AND SOLUTIONS LIMITED.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2017-11-07)By Notice of Motion, the applicant Advatech Office Supplies Limited filed the present application seeking, inter alia, an order of this Court compelling the respondent to deposit security for costs to the tune of USD ... -
AFRICAN BANKING CORPORATION (T) LIMITED VS. GEORGE WILLIAMSON LIMITED.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2019-05-14)African Banking Corporation (T) Limited, the applicant, lost in Civil Case No 90 of 2011 before the High Court of Tanzania at Dar es Salaam and was adjudged to pay to the respondent USD 2,000,000.00 as general damages and ... -
AFRICAN BANKING CORPORATION (T) LTD VS MUSSA MASEMBO 2025 TZCA 11 (31 JANUARY 2025)
(THE COURT OF APPEAL OF TANZANIA, 2025-01-31)The appeal is against the decision of the High Court of Tanzania Labour Division which upheld the decision of the Commission for Mediation and Arbitration (the CMA) save for the compensation which was reduced to twelve ... -
AFRICAN TROPHY HUNTING TANZANIA LIMITED VS. THE HONORABLE THE ATTORNEY GENERAL.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2007-06-14)On 11/11/1999 the High Court (Bubeshi, J.) declined to grant the respondent an extension of time to file a defence to a counter claim and accordingly made an order for the appellant Company to prove its case exparte. ... -
Agrey Sapali Vs Mkuu Wa Chuo Cha Must- Civil Appeal No.153/2015
(THE COURT OF APPEAL OF TANZANIA, 2016-04-11)Appeal originating from CMA not constituting CMA documents in the records of Appeal is incompetent hence struck out. -
AGRIPINA BALANZIZE VS VICTOR MATHIAS MALEMA 2025 TZCA 2 (14 JANUARY 2025)
(THE COURT OF APPEAL OF TANZANIA, 2025-01-14)The Court is considering the application made through a notice of motion, pursuant to rules 11 (3), (4), (4A), (5) (a) & (b), (6), (7) (a) - (d) and 48 (1) of the Tanzania Court of Appeal Rules, 2009 (the Rules). The essence ...