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CAPITAL DRILLING (T) LIMITED VS. ALEX BARTHAZALI KABENDERA CIVIL APPEAL NO. 370 OF 2019
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-13)
Clearly, taking an oath before testifying is a mandatory requirement that cannot be glossed over and its omission vitiates the proceedings since it renders the evidence invalid.
MARTIN FREDRICK RAJAB VS. ILEMELA MUNICIPAL COUNCIL AND ANOTHER CIVIL APPEAL NO. 197 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)
i) Parties are bound by their pleadings and can only succeed according to what he has averred in his plaint and proved in evidence; hence he is not allowed to set up a new case. the appellant was required to parade evidence ...
NORTH MARA GOLD MINE LIMITED VS. EMMANUEL MWITA MAGESA CIVIL APPEAL NO. 271 OF 2019.
(2022-07-18)
HELD
(i) An appellate court, like this one, will only interfere with concurrent findings of fact only if it is satisfied that "they are on the face of it unreasonable or perverse" leading to a miscarriage of justice, or ...
PATRICK WILLIAM MAGUBO VS. LILIAN PETER KITALI CIVIL APPEAL NO. 41 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)
(i) The court found that the respondent's petition for divorce before the trial court was incompetent for failure to comply with the requirement of section 101 and 106 (2) of the Marriage Act. It is the requirement of the ...
NORTH MARA GOLD MINE LIMITED VS. EMMANUEL MWITA MAGESA CIVIL APPEAL NO. 271 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)
(i) An appellate court, like this one, will only interfere with concurrent findings of fact only if it is satisfied that "they are on the face of it unreasonable or perverse" leading to a miscarriage of justice, or there ...
SNV NETHERLANDS DEVELOPMENT ORGANIZATION TANZANIA VS. ANNE FIDELIS CIVIL APPEAL NO. 198 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-13)
It is mandatory for every witness who is competent to take oath or affirmation before the reception of his or her evidence in the trial court including the CMA. If such evidence is received without oath or affirmation, it ...
FORTUNATUS LWANYANTIKA MASHA AND ANOTHER VS. CLAVER MOTORS LIMITED CIVIL APPEAL NO. 144 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)
i) he prescribed time on a suit for recovery of land is twelve (12) years from the date when the cause of action accrued.
ii) It is on record that the appellants' suit was filed on 28th April, 2017 after lapse of twelve ...
NORTH MARA GOLD MINE LIMITED VS. EMMANUEL MWITA MAGESA CIVIL APPEAL NO. 271 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)
(i) An appellate court, like this one, will only interfere with concurrent findings of fact only if it is satisfied that "they are on the face of it unreasonable or perverse" leading to a miscarriage of justice, or there ...