JUDGMENTS: Recent submissions
Now showing items 61-80 of 629
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GEORGE WALTER MBWAMBO VS NEEMA STEPHEN MUSHI (CIVIL APPEAL NO. 524 OF 2021) [2024] TZCA 1282 (13 DECEMBER 2024)
(THE COURT OF APPEAL OF TANZANIA, 2024-12-13)The appellant, George Walter Mbwambo, challenges the judgment in Civil Appeal No. 1 of 2006 from the High Court of Tanzania at Arusha dated 2nd May, 2017. By that decision, the said court partly reversed the judgment of ... -
ELIFASI YAIRO URIO (SUING AS ADMINISTRATOR OF THE ESTATE OF NIKANORU KAAYA DECEASED) VS CHRISTINA NIKANORU (CIVIL APPEAL NO. 430 OF 2021) [2024] TZCA 1281 (13 DECEMBER 2024)
(THE COURT OF APPEAL OF TANZANIA, 2024-12-13)This is a family feud that is being fought in court, at the centre of which there is a piece of land measuring 20 acres situated within Arumeru District in Arusha Region. There is no dispute that the original owner of that ... -
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 ... -
SETH JAPHET VS NICHOLAS MERO (CIVIL APPEAL NO. 262 OF 2022) [2024] TZCA 1261 (10 DECEMBER 2024)
(THE COURT OF APPEAL OF TANZANIA, 2024-12-10)The genesis of the instant appeal is a dispute over ownership of a piece of farmland measuring about 5 and 1/2 acres situated at Samanga Village in T.P.C. Ward in Moshi Rural District (the suit premise). It all started at ... -
REGISTERED TRUSTEES OF TELESINA SISTERS AND 10 OTHERS VS NASSORO THABIT LIPANGILE (AN ADMINISTRATOR OF THE ESTATE OF RUKIA LIPANGILE) AND ANOTHER (CIVIL APPEAL NO. 382 OF 2021) [2024] TZCA 1241 (10 DECEMBER 2024)
(THE COURT OF APPEAL OF TANZANIA, 2024-12-10)This appeal is from the judgment and decree of the High Court of Tanzania at Iringa in Land Appeal No. 12 of 2020. The appeal was dismissed and the appellate court upheld the decision of the District Land and Housing ... -
PILI ARON MWABEZA VS REPUBLIC (CIVIL APPEAL NO. 538 OF 2021) [2024] TZCA 1214 (10 DECEMBER 2024)
(THE COURT OF APPEAL OF TANZANIA, 2024-12-10)This appeal is against the judgement of the High Court at Mbeya in Criminal Appeal No. 59 of 2021. The appellant was charged with rape in the District Court of Ileje at Itumba in Criminal Case No. 8 of 2021 contrary to ... -
MICHAEL OBEY DAUD VS NATIONAL MICROFINANCE BANK LTD. (CIVIL APPEAL NO. 190 OF 2022) [2024] TZCA 1257 (10 DECEMBER 2024)
(THE COURT OF APPEAL OF TANZANIA, 2024-12-10)Up to the time which is contemporaneous with the occurrence of the events leading to the present dispute, the appellant Michael Obey Daud was a customer of the respondent, the National Microfinance Bank Limited. He used ... -
MABULA SAYI VS KALEKWA MALAHYA (CIVIL APPEAL NO. 195 OF 2022) [2024] TZCA 1235 (10 DECEMBER 2024)
(THE COURT OF APPEAL OF TANZANIA, 2024-12-10)This is a third appeal from the decision of Misungwi Primary Court in Matrimonial Cause No. 16 of 2019. In that case, therespondent herein, petitioned to the trial court claiming for reliefs of divorce, division of matrimonial ... -
KENYA KAZI SECURITY VS JULIUS CHUWA (CIVIL APPEAL NO 194 OF 2022) 2024 TZCA 1234 (10 DECEMBER 2024)
(THE COURT OF APPEAL OF TANZANIA, 2024-12-10)In this appeal, the appellant, Kenya Kazi Security, is faulting the decision of the High Court of Tanzania (Labour Division) at Mwanza in Labour Revision No. 37 of 2018. In that revision, the High Court (Siyani, J.) quashed ... -
STATE OIL TANZANIA LIMITED VS. EQUITY BANK TANZANIA LIMITED AND ANOTHER CIVIL APPLICATION NO. 426/16 OF 2022
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-15)Any instrument executed outside Mainland Tanzania in relation to any property in Tanzania is chargeable with stamp. (ii) Every chargeable instrument executed outside Mainland Tanzania shall be stamped within thirty days ... -
ALEX MSAMA MWITA VS. EMMANUEL NASUZWA KITUNDU AND ANOTHER CIVIL APPLICATION NO. 538/17 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-20): (i) The applicant did not comply with the mandatory requirement of the law which requires service of the notice of motion to be done within fourteen (14) days from the date of filing and this omission as the court have ... -
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 ... -
MLIMANI HOLDINGS LIMITED VS. THE COMMISSIONER GENERAL CIVIL APPEAL NO. 265 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-15)(i) The service fees the appellant paid to MDS Architecture did not constitute part of the business profits of the payee and thus liable to 13 withholding tax in Tanzania. Consequently, as the appellant did not remit the ... -
STATE OIL TANZANIA LIMITED VS. EQUITY BANK TANZANIA LIMITED AND ANOTHER CIVIL APPLICATION NO. 426/16 OF 2022
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-15)Any instrument executed outside Mainland Tanzania in relation to any property in Tanzania is chargeable with stamp. (ii) Every chargeable instrument executed outside Mainland Tanzania shall be stamped within thirty days ... -
COMMISSIONER GENERAL (TRA) VS. CRJE ESTATE LIMITED. CIVIL APPEAL NO. 370 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-06)(i) we are of the view that, in as long as it deals with a certificate of incentive under section 17 of the TIA, the authority is relevant in the instant case. Therefore, just like the Tribunal, we hold that, the certificate ... -
M/S ROKO INVESTMENT CO. LTD VS.TANZANIA ELECTRIC SUPPLY CO. LTD CIVIL APPEAL NO. 327 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, TABORA., 2022-11-09)(i) First and foremost, it is our observation that, the suit by the Respondent which is for the recovery of electricity charges amounting to TZS. 84,160,612.93, was properly brought under summary procedure. Under Order ... -
COMMISSIONER GENERAL (TRA) VS. CRJE ESTATE LIMITED. CIVIL APPEAL NO. 370 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-06)(i) we are of the view that, in as long as it deals with a certificate of incentive under section 17 of the TIA, the authority is relevant in the instant case. Therefore, just like the Tribunal, we hold that, the certificate ... -
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 ... -
JOHN BARNABA MACHERA VS. NORTH MARA GOLD MINE LIMITED. CIVIL APPEAL NO. 204 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-19)HELD i) it is on record that two points of preliminary objection over time limitation were raised in alternative before the predecessor Judge and the decision thereof was delivered. The first preliminary objection was ... -
JACKLINE HAMSON GHIKAS VS. MLLATIE RICHIE ASSEY. CIVIL APPLICATION NO. 656/01 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-15)HELD i) a preliminary objection must satisfy three conditions viz; one, the point of law raised must either be pleaded or must arise as a clear implication from the proceedings; two, that it must be a pure point of law ...
