JUDGMENTS: Recent submissions
Now showing items 81-100 of 629
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PATRICK WILLIAM MAGUBO VS. LILIAN PETER KITALI. CIVIL APPEAL NO. 41 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA.THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)HELD (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 ... -
NACKY ESTHER NYANGE VS. MIHAYO MARI JAN I WILMORE. CIVIL APPEAL NO. 169 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-11)Held; (i) Section 125(2) (a), (b) of the Law of Marriage Act (Cap.29 R.E 2019) articulates that in deciding in whose custody an infant should be placed the paramount consideration should be the welfare of the infant. ( ... -
JOHN BARNABA MACHERA VS. NORTH MARA GOLD MINE LIMITED. CIVIL APPEAL NO. 204 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 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 ... -
FORTUNATUS LWANYANTIKA MASHA AND ANOTHERS VS. CLAVER MOTORS LIMITED.CIVIL APPEAL NO. 144 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)HELD 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 ... -
METHUSELA ENOKA VS. NATIONAL MICROFINANCE BANK LTD. CIVIL APPEAL No. 266 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)Held: (i)Appeal is time barred but the appellantis entitled to exclusion under section 19(2) (3) of the Act without necessarily attaching any document to the memorandum of appeal. (ii)The exclusion is automatic as long ... -
COMPUTER LOGIX LIMITED AND ANOTHER VS. ZAMZAM SHADADIISSA AND SEIF ISSA FIKIRINI (Administrators of the estate of the late FIKIRINI ISSA KOCHO. CIVIL APPLICATION NO. 538/01 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-29)HELD 4.Exclusion of time spent in preparation and supply of a certified copy of proceedings apply only to an appeal, not an application. Thus, the provision of Rule 90(1) can not be invoked where the applicant fails to ... -
TANGANYIKA WATTLE COMPANY LIMITED VS. DOLPHIN BAY CHEMICALS (PTY) LTD CIVIL APPLICATION NO. 521/16 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-16)(i) When all requisite conditions are met the Court has to grant the stay of execution. (ii) The application which has not contested, has merit -
COMPUTER LOGIX LIMITED AND ANOTHER VS. ZAMZAM SHADADIISSA AND SEIF ISSA FIKIRINI (Administrators of the estate of the late FIKIRINI ISSA KOCHO. CIVIL APPLICATION NO. 538/01 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-29)1. Exclusion of time spent in preparation and supply of a certified copy of proceedings apply only to an appeal, not an application. Thus, the provision of Rule 90(1) can not be invoked where the applicant fails to lodge ... -
COSTANTINE VICTOR JOHN VS. MUHIMBILI NATIONAL HOSPITAL. CIVIL APPLICATION NO. 188/01 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-19)The said grounds one, two and four are not grounds of review envisaged under Rule 66 (1) (a) of the Rules as they require the Court to re-asses the evidence. The raised grounds do not depict an obvious or patent error ... -
ANSAAR MUSLIM YOUTH CENTRE VS. ILELA VILLAGE COUNCIL AND ANOTHER CIVIL APPLICATION NO. 310/01 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-06)(i) For an application for review to succeed, the applicant must satisfy any one of the conditions stipulated under Rule 66 (1) of the Rules. It is only within the scope of that Rule that the applicant can seek the judgment ... -
LIGHTNESS DAMIANI AND 5 OTHERS VS. SAID KASIM CHAGEKA CIVIL APPLICATION NO. 450/17 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-16)(I) In application for leave to appeal the grounds need not only be grounds of appeal but they may be arguable issues which attract the courts attention for having them put in proper legal perspectives. (II) In application ... -
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 ... -
NACKY ESTHER NYANGE VS. MIHAYO MARIJANI WILMORE CIVIL APPEAL NO. 169 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-11)(i) Section 125(2) (a), (b) of the Law of Marriage Act (Cap.29 R.E 2019) articulates that in deciding in whose custody an infant should be placed the paramount consideration should be the welfare of the infant. (ii) Section ... -
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 ... -
LAWRENCE MAGESA t/a JOPEN PHARMACY VS. FATUMA OMARY AND ANOTHER CIVIL APPEAL NO. 333 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-05)(i) We wish to preface our discussion by observing that this being a first appeal, we are entitled to review the evidence on record to satisfy ourselves whether the findings by the trial court were correct. This task is ... -
BULYANHULU GOLD MINES LIMITED VS. PASCHARY ANDREW STANNY CIVIL APPEAL NO. 281 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, SHINYANGA., 2022-07-21)i) In any proceedings concerning unfair termination of an employee by an employer, the employer shall prove that the termination is fair." The above section, comes out clearly that where there are allegations of unfair ... -
BULYANHULU GOLD MINES LIMITED VS. KENETH ROBERT FOURIE. CIVIL APPEAL NO. 105 OF 2021
(THE COURT OF APPEAL OF TANZANIA, SHINYANGA., 2022-07-22)The court was on the view that it is appropriate, to lay ground as for this Court's position generally, on issues of taking evidence from witnesses in all courts. Before taking evidence from a witness in a court of law, ... -
ST. JOSEPH KOLPING SECONDARY SCHOOL VS. ALVERA KASHUSHURA CIVIL APPEAL NO. 377 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2022-07-16)(i) Termination of service is said to be fair according to section 37(2) if it is based on fair and valid reasons and carried out in observance of fair procedures stipulated in the provisions of ELRA. therefore, the Labour ... -
MHUBIRI ROGEGA MONG'ATEKO VS. MAK MEDICS LTD CIVIL APPEAL NO. 106 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-19)(i) Upon admitting the liability with common understanding to repay the same, itcannot be said that such termination was un fair. (ii) It is trite law that, a document which is not admitted in evidence cannot be treated ... -
COSTANTINE VICTOR JOHN VS. MUHIMBILI NATIONAL HOSPITAL. CIVIL APPLICATION NO. 188/01 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-19)Held; The said grounds one, two and four are not grounds of review envisaged under Rule 66 (1) (a) of the Rules as they require the Court to re-asses the evidence. The raised grounds do not depict an obvious or patent ...
