OSG Repository: Recent submissions
Now showing items 41-60 of 1343
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SALMA SALUM SAID (Administratrix of the deceased Salum Mohamed Said) v. DAR ES SALAAM WATER AND SEWERAGE AUTHORITY (DAWASA). CIVIL APPEAL NO. 188 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2019-07-26)Held: (i) A trial that commences and proceeds without the legal representative of a deceased party being formally joined as a party constitutes a fatal irregularity, rendering the proceedings a nullity. Court invoked its ... -
SAIDI OMARI MOHAMEDI (As administrator of the Estate of the Late Tarimu Mohamed) v. ABDALLAH MSELEM, CIVIL APPLICATION NO. 144/12 OF 2023
(THE COURT OF APPEAL OF TANZANIA, 2019-05-21)Held: (i) So as to expedite dispensation of justice and to avoid congestion of unnecessary applications in our registries, legal representatives should be permitted, upon oral application in Court and presentation of ... -
SAID MPAMBIJE KAMAGA & ANOTHER v. NYAMENDE SWETU FUNDIKIRA & 3 OTHERS, CIVIL APPEAL NO. 430 of 2022
(THE COURT OF APPEAL OF TANZANIA, 2016-06-06)Held: (i) There is no law which demands the administrator to seek and obtain consent of the heirs when administering the deceased's estate (ii) Once an administrator has lawfully discharged their duties, including the sale ... -
SAID ABDALLAH DOGA v. ROSE FRIDOLINE MWAPINGA & ANOTHER, CIVIL REVISION NO. 1 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2009-10-30)Held: (i) A matter that has been struck out for being time-barred can only be revived through an application for an extension of time, which, if granted, allows the filing of a new appeal under a different case number. ... -
SAHARA MEDIA GROUP LIMITED v. ANATORY JOHN, CIVIL APPEAL NO. 134 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2019-08-28)Held: (i) Evidence given without being taken under oath or affirmation is inadmissible in legal proceedings. Omission to do so vitiates proceedings. -
REUBEN LUBANGA v. MOZA GILBERT MUSHI & 2OTHER, CIVIL APPLICATION NO 533/01 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2021-08-26)Held: (i) Illegality by itself can, if it is apparent on the face of the record and of sufficient importance, be a good cause for extension of time. (ii) In deciding whether or not to grant an extension of time, the Court ... -
REGISTRED TRUSTEES OF THE HEALING MINISTRY OF AGAPE INTERNATIONAL (HEMA INTERNATIONAL) v. BENNY MWANG'ONDA & 2 OTHERS, CIVIL APPLICATION NO. 620/17 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2019-05-21)Held: (i) The phrase good cause has not been defined by any written law as it cannot apply identically in all circumstances to create a legal principle and issue (ii) Judicial discretion in determining good cause should ... -
POWER ROADS TANZANIA LIMITED v. BANK OF AFRICA TANZANIA LIMITED, CIVIL APPEAL NO. 429 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2019-11-27)Held: (i) Parties are bound by their pleadings, and it is not open for a court to base its decision on an unpleaded issue. (ii) Issues for determination in a suit generally drizzle from the pleadings, and unless the ... -
RADI SERVICES LIMITED v. STANBIC BANK (T) LIMITED, CIVIL APPEAL NO. 260 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2018-01-02)Held: (i) A court lacks jurisdiction to adjudicate a suit that is time-barred, and any judgment rendered in such a case is invalid. (ii) Generally, the right of action accrues on the date on which the cause of action ... -
PUMA ENERGY TANZANIA LIMITED v. DIAMOND TRUST BANK TANZANIA LIMITED, CIVIL APPLICATION NO. 68/16 OF 2022
(THE COURT OF APPEAL OF TANZANIA, 2021-05-17)Held: (i) An application for stay of execution will be granted when the applicant satisfies all the conditions set under Rule 11 (3), (4), and (5) of the Tanzania Court of Appeal Rules. -
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. -
MRS. RAFIKIHAWA MOHAMED SADIK v. AHMED MABROUK&2 OTHERS, CIVIL APPLICATION NO. 250/01 OF 2019
(THE COURT OF APPEAL OF TANZANIA, 2015-07-14)Held: (i) The Appellant did not reveal any special circumstances to warrant the Court to exercise its revisional power. The delay to be supplied with the requisite documents for appeal purposes and wrong advice from a ... -
PRIMUS KIIZA (Legal representative of the late Asha Mohamed) v. MARIAM MSENGI, CIVIL APPLICATION NO. 157/17 OF 2017
(THE COURT OF APPEAL OF TANZANIA, 2014-12-05)Held. (i) A review under Order XLII Rule 1 of the Civil Procedure Code, Cap. 33, has a narrow scope and is not meant to challenge the merits of a High Court decision but rather to correct errors apparent on the face of the ... -
PRADA ENTERPRISES CO. LIMITED v. JOYCE ALEX KHALID&2 OTHERS, CIVIL APPLICATION NO. 279/01 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2018-10-14)This is an application for stay of execution of the decree of the High Court in Land Case No. 43 of 2013, pending the determination of Civil Appeal No. 259 of 2022. The Applicant moved the Court of Appeal of Tanzania under ... -
PIUS SECONDARY SCHOOL v. OBADIA MWAMBAPA, CIVIL APPEAL NO. 161 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2018-11-20)This is an appeal arising from the decision of the High Court of Tanzania dated the 20th day of November, 2018 in Revision No. 833 of 2018 between the appellant and the respondent, whose employment relationship began on ... -
PHILEMON VANAI SAITERU MOLLEL v. WILLIAM TITUS MOLLEL (THE ADMINISTRATOR OF THE ESTATE OF THE LATE TITUS ARON MOLLEL &ANOTHER, CIVIL APPLICATION NO. 494/02 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2017-05-07)This is an application for extension of time under Rule 10 of the Tanzania Court of Appeal Rules, 2009. The applicant seeks leave to serve the respondents with the notice of appeal and a letter requesting High Court ... -
PHARES PARTSON MATONYA (As the Administrator of the Estate of the late PARTSON MATONYA v. REGISTRAR, INDUSTRIAL COURT OF TANZANIA &2 OTHERS, CIVIL REFERENCE NO. 26 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, 2019-08-06)The Applicant filed an application in the Court of Appeal of Tanzania praying reference for reversal of the decision of a single Justice of the Court on the ground that the single Justice erred in holding that “he failed ... -
PETRO ROBERT MYAVILWA (ADMINISTRATOR OF THE ESTATE OF THE LATE ROBERT PETRO MYAVILWA v. ABEL MWALIBETI& 4 OTHERS, CIVIL APPLICATION NO. 640/06 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2021-10-05)This is an application for revision in which the applicant seeks the Court's indulgence to revise the decision of the High Court of Tanzania in Land Case No. 50 of 2014, delivered on 18th August 2015. The application is ... -
PETER WEGESA CHACHA TIMASI & 3 others v. NORTH MARA GOLD MINE, CIVIL APPEAL NO. 49 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2018-09-20)This is an appeal from the Decision of the High Court of Tanzania in Land Case No. 16 of 2016 challenging the High Court’s dismissal order of the appellants' suit. In that quest, the appellants lodged a memorandum of appeal ... -
PETER JACOB WEROMA & 11 OTHERS v. AKO GROUP LIMITED, CIVIL APPEAL NO. 172 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2020-04-24)This is an appeal before the Court of Appeal challenging the decision of the High Court of Tanzania in Labour Revision No. 16 of 2019, delivered on 24th April. The High Court dismissed the appellants' application for ...
