OSG Repository: Recent submissions
Now showing items 81-100 of 1343
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FELICIAN MUHANDIKI v. THE MANAGING DIRECTOR, BARCLAYS BANK TANZANIA LIMITED, CIVIL APPEAL NO. 82 OF 2016
(THE COURT OF APPEAL OF TANZANIA, 2015-04-29)Held: (i) General damages should be based on evidence, and while judges have discretion, they must provide reasons for their award. -
ENZA ZADEN AFRICA LIMITED v. EDWIN KASENA, CIVIL APPEAL NO. 427 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2020-09-14)Held: (i) Failure to investigate before initiating disciplinary proceedings renders termination procedurally unfair. (ii) Rule 13(1) of the Code of Good Practice mandates the undertaking of an investigation to determine ... -
EPHRAEM CHRISTOPHER MANASE MREMA v. HOMANGE KASTORY KUNZUGALA, CIVIL APPLICATION NO. 999/06 OF 2023
(THE COURT OF APPEAL OF TANZANIA, 2023-06-05)Held: (i) The certificate of delay issued under rule 90(1) of the Court of Appeal Rules was invalid for a revision application. It applies only to appeals. (ii) Overriding objective principle under sections 3A and 3B of ... -
HASSAN NG’ANZI KHALFAN v. NJAMA JUMA MBEGA AND ANOTHER, CIVIL APPLICATION NO. 218 of 2018
(THE COURT OF APPEAL OF TANZANIA, 2018)Held: (i) It is a settled principle that the revisional power of the court is not an alternative to its appellate jurisdiction unless there are exceptional circumstances. -
PASCHAL MAGANGA v. KITINGA MBARIKA, CIVIL APPEAL NO. 240 of 2017
(THE COURT OF APPEAL OF TANZANIA, 2016-10-25)Held: (i) Without a proper will giving ownership of the disputed house to the Respondent, he had nothing to pass to the Appellant, that is to say, no good title passed from him. No one gives a better title to property than ... -
AMEIR MBARAK & ANOTHER v. EDGAR KAHWILI, CIVIL APPEAL NO. 154 of 2015
(THE COURT OF APPEAL OF TANZANIA, 2012-05-28)Held: (i) Lack of the opinion of the assessors renders the decisionof the Land and Housing Tribunal nullity and it cannot be resuscitated by seeking fresh opinion of the assessors. (ii) It is mandatory for assessors to ... -
MIC TANZANIA LIMITED v. ALBERT P. MILANZI, CIVIL APPEAL NO. 245 of 2019
(THE COURT OF APPEAL OF TANZANIA, 2018-10-02)Held: (i) As the matter of a Rule of Practice, the record of appeal must speak for itself. In that regard, we are satisfied that failure to serve the letter in question to the Respondent violates Rule 90(3) of the Tanzania ... -
JACKSON REUBEN MARO v. HUBERT SEBASTIAN, CIVIL APPEAL NO. 84 of 2004
(THE COURT OF APPEAL OF TANZANIA, 1999-12-03)Held: (i) Wills under customary law, that applies to Kilimanjaro Region are governed by Government Notice No.436 of 1963. Since the conditions for making a valid will were not complied with, no valid will was made and ... -
MWAJUMA MBEGU v. KITWANA AMANI, CIVIL APPEAL NO. 12 of 2001
(THE COURT OF APPEAL OF TANZANIA, 1993-05-18)Held: (i) A public document that had not been tendered in evidence as the proof of the facts in the trial cannot be relied upon in making findings. (ii) Judicial findings must be based on admissible evidence, and any ... -
PENDO FULGENCE NKWENGE v. DR. WAHIDA SHANGALI, CIVIL APPLICATION NO. 394/01 OF 2022
(THE COURT OF APPEAL OF TANZANIA, 2022-03-25)Held: (i) Manifest error must be a patent error on the face of the record not requiring long-drawn arguments to establish it. (ii) Review should not be utilized as a backdoor method to unsuccessful litigants to re-argue ... -
LEGAL AND HUMAN RIGHTS CENTRE v. THE MINISTER OF HEALTH, COMMUNITY DEVELOPMENT, GENDER, ELDERLY AND CHILDREN ANDTHE ATTORNEY GENERAL
(THE COURT OF APPEAL OF TANZANIA, 2020-10-07)Held: (i) Once each paragraph in the verification clause has been verified by the deponent to the best of his knowledge such verification is valid and it is not mandatory to verify separate sub paragraphs in the affidavit ... -
KULWA LUTAMBI v. IRENEO SAYI GORESHI, CIVIL APPEAL NO. 346 OF 2020
(THE COURT OF APPEAL OF TANZANIA, 2018-10-24)Held: (i) The overriding objective is not to be invoked blindly to gloss over/flout the mandatory provisions of procedural law. -
KONYAGI JANDWA v. SWISSPORT TANZANIA PLC, CIVIL APPLICATION NO. 217/18 OF 2022
(THE COURT OF APPEAL OF TANZANIA, 2021-11-29)Held: (i) For an application of an extension of time to be granted an applicant has to account for each day of the delay. (ii) An affidavit which mentions another person, that other person must swear an affidavit otherwise ... -
KOMESHA SEQURITY SERVICES LTD v. FIDELIS MGIMWA AND OTHERS, CIVIL APPEAL NO. 245 of 2019
(THE COURT OF APPEAL OF TANZANIA, 2016-09-15)Held: (i) The appeal ought to have been filed within sixty days from the date of the lodgment of the notice of appeal. As the appeal was filed beyond the prescribed time of sixty days, the appeal is time barred. -
PETRO ROBERT MYAVILWA (ADMINISTRATOR OF THE ESTATE OF THE LATE ROBERT PETRO MYAVILWA v. ABEL MWALIBETI& 4 OTHERS
(THE COURT OF APPEAL OF TANZANIA, 2021-10-05)Held: (i) Courts cannot have any excuse to decide matters that adversely affect the rights of the subjects without affording them a hearing. For, the omission abrogates principles of natural justice. -
LEAH D. KAGINE v. THE REGISTERED TRUSTEES OF BUGANDO MEDICAL CENTRE. IN THE COURT OF APPEAL OF TANZANIA AT MWANZA CIVIL APPEAL NO. 327 OF 2021
(THE COURT OF APPEAL OF TANZANIA, 2021)This is an appeal against the Judgement of the High Court Mwanza which vacated an award made by the Commission for Mediation and Arbitration at Mwanza (CMA). The case revolved around the Appellant's employment contracts ... -
HUSSEIN MMASI VS PATRICK JOSEPH KIMARO AND ANOTHER 2025 TZCA 82 (24 FEBRUARY 2025)
(THE COURT OF APPEAL OF TANZANIA, 2025-02-24)This application was by way of a notice of motion filed under a certificate of urgency. The notice of motion was made under rule 11 (3), 11 (4A), 11 (5) (a) &(b), 11 (6), 11 (7) (a), (b), (c), and (d) of the Tanzania Court ... -
HUGHES AGRICULTURAL (T) LIMITED VS SIMON GROUP LIMITED 2025 TZCA 81 (25 FEBRUARY 2025)
(THE COURT OF APPEAL OF TANZANIA, 2025-02-25)In the High Court of Tanzania, Commercial Division, at Dar es Salaam, the respondent filed a suit against the appellant, alleging illegal repossession by the appellant of ten tractors and their ploughs that she had bought ... -
HELLENIC FOUNDATION OF TANZANIA TA ST CONSTANTINES INTERNATIONAL SCHOOL VS JESSICA TEFFE 2025 TZCA 70 (24 FEBRUARY 2025) (1)
(THE COURT OF APPEAL OF TANZANIA, 2025-02-24)On 15th March, 2018, the appellant and the respondent executed a fixed term contract of employment. It was to run from 1st August, 2018 to 31st July, 2020. During her tenure, the respondent worked in capacity of a fulltime ... -
HASSAN MOHAMED MATANGALU ( AS ADMINISTRATOR OF THE ESTATE MAUA MOHAMED KUNGULIO VS AMINA NASSORO 2025 TZCA 59 (24 FEBRUARY 2025)
(THE COURT OF APPEAL OF TANZANIA, 2025-02-24)This appeal emanates from the 2009 dispute over ownership of a house located at "Kwa Kopa" Kinondoni Municipality in Dar es Salaam. Its antecedent background can be stated briefly as follows: Hassan Mohamed Matangalu, the ...
