Mondorosi Village Council & Others vs Tanzania Breweries Ltd & Others (Civil Appeal No. 66 of 2017) [2018] TZCA 303 (14 December 2018)


 

 

IN THE COURT OF APPEAL OF TANZANIA

AT ARUSHA

(CORAM: MWARIJA, J.A., LILA,J.A., And KWARIKO, J.A.,)

 

Shape1 CIVIL APPEAL NO. 66 OF 2017

 

  1. MONDOROSI VILLAGE COUNCIL

  2. SUKENYA VILLAGE COUNCIL …………………...APPELLANTS

  3. SOITSAMBU VILLAGE COUNCIL

 

VERSUS

 

  1. Shape2 TANZANIA BREWERIES LIMITED

  2. TANZANIA CONSERVATION LIMITED

  3. NGORONGORO DISTRICT COUNCIL …………………RESPONDENTS

  4. COMMISSIONER FOR LANDS

  5. THE ATTORNEY GENERAL

 

(Appeal from the Judgment and Decree of the High Court of Tanzania at Arusha

 

(Moshi, J)

 

 

dated 28th day of October, 2015

in

Land Case No. 26 of 2013

 

 

-------------

 

 

RULING OF THE COURT

 

 

10th & 14th December, 2018

 

 

KWARIKO, J.A.:

 

The appellants herein sued the respondents before the High Court of Tanzania at Arusha (Moshi, J.) in Land Case No. 26 of 2013, for recovery of land known as Sukenya Farm or Enavisha Nature Refuge comprising of about 12,167 acres within Ngorongoro District Council. The appellants lost the suit in the decision dated 28/10/2015. They have thus come before this Court by way of this appeal which was lodged on 3/2/2017.

Consequent to the foregoing, the 2nd respondent’s counsel filed a notice of preliminary objection on 24/7/2017 on the following two points of law:

  1. that the Appellants have omitted to include in the Record and Memorandum of Appeal a letter to the lower court requesting for copies of judgment, decree and records of proceedings; and

  2. that in the absence of the Appellant’s letter to the lower court requesting for copies of judgment, decree and record of proceedings in the Record and Memorandum of Appeal the certificate of delay thereof is ineffective.


 

This appeal was called on for hearing on 10/12/2018. Whereas Mr. Wallace Kapaya and Ms Fatuma Amir, learned advocates, appeared for the appellants, Messrs John Umbulla and Sinare Zaharan learned advocates appeared for the 1st and 2nd respondents respectively, and Mr. Killey Mwitasi, learned State Attorney, represented the 3rd, 4th and 5th respondents.


 

As the practice of the Court demands, we had to dispose of the preliminary objection first. Thus, Mr. Zaharan argued the preliminary objection to the effect that, the letter of application of the proceedings of the High Court (the letter), is not included in the record of appeal. That, its inclusion was necessary for the purpose of computing the time limit for lodging the appeal as required under Rule 90 (1) (2) of the Tanzania Court of Appeal Rules, 2009 (the Rules). He added that, if the letter is not served to the respondent the appellant is precluded from relying on the exemption under Rule 90 (2). He argued that, due to its importance, this letter falls under the provisions of Rule 96 (1) (k) of the Rules. To fortify his contention Mr. Sinare cited the decision of this Court in MS UNIVERSAL ELECTRONICS AND HADRWARE TANZANIA LIMITED v. STRABAG INTERNATIONAL GmbH (TANZANIA BRANCH), Civil Appeal No. 104 of 2015 (unreported). For that reason, he prayed that this appeal be struck out. He also prayed for costs because the appellant failed to rectify the omission within 14 days of the filing of the appeal as provided under Rule 96 (6). He added that the appellant could have as well utilized the avenue provided for under Rule 77 (1) of the Rules to withdraw the appeal soon after he was served with the notice of preliminary objection on 24/2/2017.


 

On his part Mr. Umbulla supported the foregoing submission, and added that, the appellants have indicated in the index at item 29 that, the letter has been included in the record of appeal at pages 848- 849, but what is in those pages is something different. This signifies that the appellants know that the letter is important.


 

Mr. Mwitasi concurred with the submissions by his learned friends. He added that, the Court cannot easily depart from its own decisions which have laid down the requirement of including the letter in the record of appeal.

 

In response to the foregoing submissions, Ms Amir admitted that the letter is missing from the record of appeal. However, she argued that the letter is not among the core, primary or necessary documents which have been listed under Rule 96 (1) of the Rules. She argued that it was not the intention of the legislature to extend the application of Rule 96 (1) (k) to inclusion of the letter in the record of appeal. She added that, had that been the case, it must have been clearly indicated as it is the case under Rule 90 (1) (2). To support her contention, Ms Amir cited the case of MSAFIRI PHARMACEUTICAL & ASSOCIATES LTD & 3 OTHERS v. NATIONAL BANK OF COMMERCE, Civil Appeal No. 104 of 2016. She argued that in view of that decision, the letter falls in the second category. This is because; there is no specific provision which requires it to be included in the record of appeal, she insisted.


 

It was Ms Amir’s further contention that, the letter is not necessary for determination of the appeal. To fortify her argument, she referred the Court to its decision in the case of LEILA JALALUDIN HAJI JAMAL v. SHAFFIN JALALUDIN HAJI JAMAL, Civil Appeal No. 55 of 2003 (unreported). She added that, the respondents have not complained because they were served with the letter and they have not been prejudiced by its absence in the record of appeal.


 

The learned counsel argued in the alternative that, should the Court find that the letter is necessary and that the same must have been included in the record of appeal, it should invoke the overriding objective principle and decide to determine the matter justly. In support of this argument, she cited the decision of this Court in the case of YACOBO MAGOIGA GICHERE v. PENINAH YUSUPH, Civil Appeal No. 55 of 2017. Finally, Ms Amir argued that, the case cited by the counsel for the 2nd respondent is distinguishable in that, the same was struck out for the appellant’s failure to serve the letter to the respondent as required by Rule 90 (2) of the Rules. She therefore urged the Court to overrule the objection.


 

As regards the issue of costs, Ms Amir said that, the appellants were exempted to pay costs by the High Court because they were granted legal aid by the Legal and Human Rights Centre.


 

In his rejoinder submission, Mr. Zaharan contended that, the authorities cited by Ms Amir are distinguishable. He argued that, in the case of MSAFIRI PHARMACEUTICAL (supra), the objection related to address for service furnished by the respondent. He said that, the letter falls under the first category of Rule 96, hence a necessary document to enable the Court to determine whether the appeal is within the prescribed time. Regarding the overriding objective principle, the learned counsel contended that, the same was not introduced in order to do away with the well-established principles and practice of the Court of Appeal. Therefore, the Court cannot turn blind to the omission concerning Rules 90 (1) and 96 (1) (k) of the Rules.


 

Concerning the issue of payment of costs by the appellants, Mr. Zaharan argued that, the said exemption related to court fees before the High Court and not any other costs like instruction fees to the respondent’s counsel. Because the appellants are Government entities, they are covered by Rule 118 of the Rules which exempts the Government from payment of court fees not the costs of the case. However, to the contrary, Rule 118 (b) of the Rules exempts the Government from paying fees in respect of any criminal application or appeal.


 

Mr. Umbulla subscribed to the foregoing submission. On his part, Mr. Mwitasi argued that, it will be very dangerous to allow a party to choose which documents to include in the record of appeal. He added that, in the case of UNIVERSAL PHARMACEUTICAL (supra), it was decide that the letter ought to have been included in the record of appeal. He submitted that the overriding objective principle should not be misapplied; reiterating the argument that the appellant could have applied for the amendment of the record of appeal.

On our part, we find that, the importance of the letter is clearly shown under Rule 90 (1) (2) of the Rules. The provision reads;

90.-(1) Subject to the provisions of Rule 128, an appeal shall be instituted by lodging in the appropriate registry, within sixty days of the date when the notice of appeal was lodged with –

(a) a memorandum of appeal in quintuplicate;

(b) the record of appeal in quintuplicate;

(c) security for the costs of the appeal;

 

save that where an application for a copy of the proceedings in the High Court has been made within thirty days of the date of the decision against which it is desired to appeal, there shall, in computing the time within which the appeal is to be instituted be excluded such time as may be certified by the Registrar of the High Court as having been required for the preparation and delivery of that copy to the appellant.

 

(2) An appellant shall not be entitled to rely on the exception to sub-rule (1) unless his application for the copy was in writing and a copy was served to the Respondent.”

Therefore, according to Rule 90 (1) of the Rules, an appeal must be filed within sixty (60) days after the notice of appeal was lodged. In the instant case the notice of appeal was lodged on 30/10/2015. However, it is not disputed that the letter applying for copy of proceedings of the High Court is not included in the record of appeal. The inclusion of the letter was important for determining whether the applicant complied with Rule 90 (1) of the Rules. Further, Rule 90 (2) of the Rules provides that the appellant cannot rely on the exception clause under Rule 90 (2), unless a copy of the letter is served to the respondent. In the absence of the letter in the record of appeal, it is impossible for the Court to know if there has been compliance with the law.

We agree with Mr. Zaharan that, in the absence of the letter, the appellants ought to have filed their appeal within sixty (60) days from the date the notice of appeal was filed. Therefore, when the appeal was filed on 3/2/2017, the same was far away from being within the prescribed time of sixty (60) days. We have taken inspiration from the decision of the Court in the case of VICTORIA MBOWE v. CHRISTOPHER SHAFURAEL MBOWE & ANOTHER, Civil Appeal No. 115 of 2012 (unreported) in which the same issue arose. It was observed in that case that;

“…….We have found nothing in the record showing or suggesting that the appellant ever applied for the copy of the proceedings within the time and in a manner provided under Rule 90 (1) of the Rules. Similarly, Rule 90 (2) lays it down that an appellant cannot rely on the exception clause in Rule 90 (1) unless his application for a copy is in writing and served on the respondent. Again, there is nothing in the record upon which compliance with the provisions of the said Rule 90 (2) of the Rules could be ascertained”.

In finding that the appeal in question was time barred in the absence of the letter, the Court went on to state thus;

As matters stand, we are in agreement with Mr. Muganyizi that in the absence of a letter applying for the copy of proceedings, the appellant was supposed to institute her appeal within sixty (60) days reckoned from 7/12/2010 when she lodged her notice of appeal. Thus, we are settled in our mind that the present purported appeal which was instituted on 11/12/2012 in violation of Rule 90 (1) of the Rules is, unarguably, time barred.”

The foregoing position of the law was applied by the Court in the cited case of MS UNIVERSAL ELECTRONICS (supra). It was held in that case thus;

We on our part are inclined to agree with Mr. Sinare that the appeal is incompetent. According to Rule 90 (2) of the Tanzania Court of Appeal Rules, 2009 (the Court Rules), Mr. Stolla cannot rely on the certificate of the Registrar of the High Court in computing the time in the absence of the letter to the Registrar requesting for a copy of the proceedings. Given the circumstances the appeal is hereby struck out for being incompetent…….”

Despite of the foregoing position of the law, Ms Amir maintained that the letter is not among the necessary, core or primary documents which have been listed under Rule 96 (1) of the Rules. She added that, it was not the intention of the legislature that Rule 96 (1) (k) should extend to the letter. As rightly argued by Mr. Zaharan, the letter is a very necessary document in the determination of the appeal. As we have seen earlier, the letter is a basic document under Rule 90 (1) (2) of the Rules, in the determination of whether the appeal is within time or not. It is our considered view that the letter is one of “such other documents” necessary for the determination of the appeal as provided under Rule 96 (1) (k) of the Rules.

In support of the foregoing, this Court in the case of NATIONAL BANK OF COMMERCE v. BASIC ELEMENT LIMITED, Civil Appeal No. 70 of 2014 (unreported), where the letter was found missing in the record of appeal, the Court, after it had quoted Rule 96 (1) (k) it went on to say that;

It is discernible from paragraphs (d) and (k) of the extracted Rule that copies of ancillary Rulings as well as such other documents as may be necessary for the proper determination of the appeal must be contained in the record of appeal.”

We have gone through the case of MSAFIRI PHARMACEUTICAL (supra) cited by Ms Amir and found it distinguishable. This is because; in that case the issue was non-inclusion of a statement showing the address for service furnished by the respondent. In the LEILA JALALUDIN case (supra), the issue related also to non-inclusion of the plaint and the written statement of defence. The Court found that, those documents were not necessary for the determination of the appeal against the ruling in the application for security for costs. The Court said that such documents were necessary in the determination of the appeal in the main case.

Further, if the appellants found that, the letter was not necessary, they could have applied before the Court for the exclusion as provided under Rule 96 (3) of the Rules; this provision states that;

A Justice or Registrar of the High Court or tribunal, may, on the application of any party, direct which documents or parts of the documents should be excluded from the record, application for which direction may be made informally.”

The appellants thus, have no mandate to choose which documents are important and which are not, to be included in the record of appeal. See also the case of NATIONAL BANK OF COMMERCE v. BASIC ELEMENT LIMITED (supra). As rightly submitted by Mr. Umbulla, the appellants indicated that the letter is found at pages 848-849 of the record of appeal, but actually something else is found therein. This shows that, the appellants know the importance of the letter, only that they omitted to include it as required.

Regarding the overriding objective principle, we are of the considered view that, the same cannot be applied blindly against the mandatory provisions of the procedural law which go to the very foundation of the case. This can be gleaned from the objects and reasons of introducing the principle under section 3 of the Appellate Jurisdiction Act [CAP 141 R.E. 2002] as amended by the Written Laws (Miscellaneous Amendments) (No. 3) Act No. 8 of 2018, which enjoins the courts to do away with technicalities and instead, should determine cases justly. According to the Bill to the amending Act, it was said thus;

The proposed amendments are not designed to blindly disregard the rules of procedure that are couched in mandatory terms….”

See also the Court’s recent decision in the case of NJAKE ENTERPRISES LIMITED v. BLUE ROCK LIMITED & ANOTHER, Civil Appeal No. 69 of 2017 (unreported). The Court applied that principle in the cited case of YACOBO MAGOIGA GICHERE (supra) because the omission was in respect of the names of the members of the Ward Tribunal. It is thus distinguishable.

As regards the issue of costs, we have found that, the said exemption covered fees and other court costs, granted to the appellants by the Registrar in the High Court of Tanzania at Arusha on 11/11/2015, in relation to Land Case No. 26 of 2013. The exemption does not extend to the proceedings of the appeal before this Court.

In the event, we sustain the preliminary objection and strike out the incompetent appeal with costs to the respondents.


 

DATED at ARUSHA this 13th day of December, 2018

 

  1. G. MWARIJA

JUSTICE OF APPEAL

 

 

S. A. LILA

JUSTICE OF APPEAL

 

 

 

M. A. KWARIKO

JUSTICE OF APPEAL

 

I certify that this is a true copy of the original

 

 

 

S. J. KAINDA

DEPUTY REGISTRAR

COURT OF APPEAL

6

 

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88. Anyimike Ngoloke vs Tabu Kanyamale (Misc. Land Appeal 14 of 2020) [2021] TZHC 3371 (25 May 2021)
89. Atuwonekye Mwenda vs Hezron Mangula (Land Appeal 12 of 2022) [2023] TZHC 16740 (31 March 2023)
90. Bank of Baroda (Tanzania ) Ltd vs Farida Salumu Abeid T/a Farida General Traders and Others (Civil Case 86 of 2019) [2020] TZHC 1230 (12 May 2020)
91. Boaz Jacob vs Edward Oitesoi (Misc. Land Appication 18 of 2021) [2022] TZHC 572 (18 March 2022)
92. Brighton Shedrack Kansari vs Abdallah Juma Mweri (Administrator of the estate of the late Mweri Ismail Juma) & Another (LAND CASE NO.9 OF 2023) [2023] TZHCLandD 17019 (12 July 2023)
93. CRDB Bank Limited vs Finn W. Petersen & Others (Civil Appeal No. 271 of 2020) [2024] TZCA 274 (18 April 2024)
94. CRDB Bank Plc vs True Color Ltd & Another (Civil Appeal 29 of 2019) [2021] TZCA 184 (7 May 2021)
95. Caroline Ernest Paulo vs Juliana Mesiaki (Land Appeal No. 181 of 2022) [2023] TZHC 21179 (22 September 2023)
96. Chacha Silas Maisa (administrator of the Estate of the Late Silas Nyamhanga Maisa)and 2 Others vs Komarera Heritage Goldmine Co. Ltd (Misc. Commercial Cause 1 of 2020) [2021] TZHCComD 3287 (29 July 2021)
97. Change Tanzania Ltd vs Registrar, Business Registration and Licencing Agency (Misc. Commercial Case 27 of 2020) [2020] TZHCComD 41 (21 May 2020)
98. Chico and Crsg Joint Venture vs Daudi Amrani Msalilwa (Land Appeal 39 of 2020) [2022] TZHC 11115 (25 May 2022)
99. China Henan International Cooperation Group Company Limited vs Hezron Msigala (Labour Revision 10 of 2020) [2022] TZHC 14610 (14 November 2022)
100. Dar es Salaam Water Supply & Sanitation Authority (DAWASA) & Another vs Tabu Hassani (As A Legal Representative of the Late Salma Pili Tamaambele & Another (Land Case 68 of 2021) [2022] TZHCLandD 546 (10 June 2022)
101. Deogratias Belian Lema vs Adam Assey & 3 Others (Land Revision 37 of 2022) [2022] TZHCLandD 12704 (13 December 2022)
102. Devotha Mathew Minja vs Tito Saimon Haule & Others (Civil Appeal No. 336 of 2022) [2024] TZCA 418 (7 June 2024)
103. Dimetilida Philmon vs Adolph Kasano (Misc. Land Appeal 38 of 2021) [2022] TZHC 3023 (23 March 2022)
104. Ditram Raymond Mkoma vs Mwani Mariculture Limited (Labour Revision No.4 of 2022) [2023] TZHC 17439 (30 May 2023)
105. Dora Mwakikosa vs Erasto Chusi (Mics. Land Case Appl. 28 of 2021) [2022] TZHCLandD 549 (24 June 2022)
106. Dorica Nyamataga vs Christina Samweli Lyimo (Misc. Land Case Application 538 of 2020) [2021] TZHCLandD 872 (20 October 2021)
107. Dorika Nyamataga vs Christina Samweli Lyimo (Misc. Land Application 538 of 2020) [2021] TZHCLandD 649 (20 October 2021)
108. Dusan Trovic vs Mount Meru Millers Ltd and Another (Revision Application 39 of 2019) [2020] TZHC 2265 (11 August 2020)
109. EFC Microfinance Bank Limited vs Stella Daniel Munna (Land Reference No. 31 of 2023) [2023] TZHCLandD 17255 (7 December 2023)
110. Efs Tanzania Microfinance Bank Ltd vs Saad Sadick & 2 Others (Civil Reference 29 of 2022) [2023] TZHCLandD 15770 (23 March 2023)
111. Elifa Mwamtobe vs Mawazo Chaula and 2 Others (Civil Reference 2 of 2018) [2020] TZHC 3545 (8 October 2020)
112. Eppa Mathias Mrita & Another vs Aneth Ibrahim Msuya (Appeal 272 of 2021) [2022] TZHCLandD 12331 (26 September 2022)
113. Exavery Chungwa vs Fabiano Chungwa (Land Appeal 23 of 2022) [2022] TZHC 15055 (12 December 2022)
114. Exim Bank (T) Ltd vs TSN Supermarket Limited & 8 Others (Commercial Case 51 of 2022) [2022] TZHCComD 322 (6 October 2022)
115. Frank John Ngonyani T/A Frango Company vs The City Council of Dodoma & Another (Civil Case No. 10 of 2023) [2024] TZHC 2050 (25 April 2024)
116. Gabriel Mbuna vs Neema Yombo (Misc. Land Appeal 30 of 2019) [2021] TZHC 3374 (25 May 2021)
117. Genoveva Kiliba t/a Dage School of Hair Dressing & Decoration vs Abdullah Rashid Abdullah (Misc. Land Case Application 557 of 2022) [2023] TZHCLandD 16450 (25 April 2023)
118. Gideon Fares Opanda vs Mohamed Omary Masoud (Misc. Land Case Application 775 of 2022) [2023] TZHCLandD 16397 (27 March 2023)
119. Gidion Mandesi vs Charles John Mkanga (Misc. Land Application 354 of 2021) [2021] TZHCLandD 857 (23 November 2021)
120. Giliad Shija Mihambo vs Flora Mtui and Three Others (DC Civil Appeal No. 8 of 2022) [2023] TZHC 18403 (23 June 2023)
121. Godfrey Consumer Products Ltd vs Target International (T) Limited (Misc. Commercial Application 111 of 2020) [2022] TZHCComD 229 (24 August 2022)
122. Haji Solyambingu vs. Inocent Libanja (Land Appeal no. 55 of 2023) [2023] TZHC 19290 (30 June 2023)
123. Hamis Mfaume Said (Administrator of the Estate of the Late Mfaume Said Mwalimu) (Misc. Land Application 519 of 2022) [2023] TZHCLandD 15710 (9 March 2023)
124. Hamu Ntobi @ Makoye vs Victor H. Bwana (Misc. Land Appeal 2 of 2022) [2022] TZHC 13853 (27 May 2022)
125. Haridi Ally Limama vs Masasi District Council & Others (Civil Appeal No. 540 of 2023) [2024] TZCA 419 (10 June 2024)
126. Hassan Juma Mtungi vs North Mara Gold Mine (Labour Revision 12 of 2023) [2023] TZHC 22419 (8 November 2023)
127. Hassan Juma vs Hindu Pastory Maloda (PC Civil Appeal No. 2502 of 2024) [2024] TZHC 1581 (23 April 2024)
128. Higo Investment Limited vs Watumishi Housing Company Limited (Civil Appeal 383 of 2021) [2023] TZHC 17098 (28 April 2023)
129. Ibrahim Malik Mbena vs Dar es Salaam Investments Co.Ltd & Another (Application 472 of 2022) [2022] TZHCLandD 12777 (12 December 2022)
130. Idd Khamis vs Mariam Ahamad (10 of 2021) [2022] TZHC 10247 (31 May 2022)
131. Jacob Kahemele and Another vs Irene S. Kahemele (Civil Revision 7 of 2017) [2020] TZHC 2294 (21 August 2020)
132. Jane Mwakatuma vs Ally Kibiliti (Appeal 27 of 2022) [2022] TZHCLandD 12510 (28 October 2022)
133. John Mtei vs Ibrahimu Marijani Gama (Misc Civil Application No 25793 of 2023) [2024] TZHC 5573 (4 June 2024)
134. Judith Isaya Gunda vs Amedeus R. Maleo and 20 Others (Misc. Civil Application 86 of 2021) [2022] TZHC 12917 (13 September 2022)
135. Juma Kumogola vs CRDB Bank Plc (Civil Appeal No. 10 of 2022) [2023] TZHC 19645 (1 August 2023)
136. Juma Kumugola vs Crdb bank PLC (Civil Appeal Case 10 of 2022) [2023] TZHC 19583 (1 August 2023)
137. Juma Said(adminstrator of the Estate of the Late Said Juma) vs Sophia Chuwa Ntanti (adminstratrix of the Estate of the Late Catherine Piyangu) &3 Others (Land Appeal 78 of 2021) [2021] TZHCLandD 6979 (10 December 2021)
138. Jv Tangerm Constraction Co.Limited and Technocombine Constraction Limited vs Tanzania Ports Authority and Another (Commercial 117 of 2015) [2021] TZHCComD 3362 (1 October 2021)
139. Kikim Contractors Co Ltd vs NCBA Bank & another (Land Case No. 268 of 2023) [2023] TZHCLandD 17153 (23 November 2023)
140. Kulwa Lutambi vs Irene Sayi Goreshi (Civil Appeal No. 346 of 2020) [2024] TZCA 60 (20 February 2024)
141. Leef Gold Limited & Another vs Mining Commission & Attorney General (Misc. Civil Application 37 of 2022) [2022] TZHC 14169 (21 October 2022)
142. Lucy Nyagawa vs Nelson Mhoka & 9 Others (Land Appeal 23 of 2020) [2022] TZHC 14609 (14 November 2022)
143. Lwiyiso Joel Magava Tanzania Telecommunications Corporation Ltd (ttcl) (Civil Appeal 260 of 2021) [2023] TZCA 151 (29 March 2023)
144. MOA General Trading Co. Limited vs. Chrisak Farms & others (Misc. Land Application no. 38 of 2023) [2023] TZHC 18994 (14 June 2023)
145. MUSSA PAWA @ NGANYA vs. THE REPUBLIC (Criminal Appeal No. 64 of 2021) [2023] TZHC 20021 (24 May 2023)
146. Magandera Swagarya vs Yoshua Waryoba (Criminal Appeal No. 421 of 2020) [2024] TZCA 583 (17 July 2024)
147. Mariam Iddi Dilunga & Four Others Vs Msafiri Iddi Dilunga (Adminstrator of the Estate of the late Iddi Selemani Dilunga) (Application for Reference No 541 of 2024) [2024] TZHC 1829 (29 April 2024)
148. Maulid Shaban vs Temeke Municipal Council and Another (Misc. Land Application 289 of 2020) [2020] TZHCLandD 113 (17 April 2020)
149. Mbaraka Waziri vs Refco Company Limited (Misc. Civil Application 16 of 2022) [2022] TZHC 15046 (5 December 2022)
150. Michael B. Masinde vs D.S Isizina @ Dhahiri Izina & 3 Others (Land Case 210 of 2021) [2022] TZHCLandD 395 (25 May 2022)
151. Migo Civil & Builders Contractors Co. Ltd & Another vs Mnange General Store Company Ltd (Misc. Civil Application 9 of 2022) [2022] TZHC 12921 (19 September 2022)
152. Migo Civil and Builders Contractors Co. Ltd vs & Another vs Mnange General Store Company Ltd (Civil Reference No. 01 of 2023) [2023] TZHC 21739 (2 October 2023)
153. Mkurugenzi, Kimbinyiko Internationa Co. LTD vs Baltazar Joel Manyika (Labour Application No. 10 of 2023) [2024] TZHC 2054 (29 April 2024)
154. Mohamed Ally Dalla vs Leonard Nicholaus Seif (452 of 2021) [2022] TZHCLandD 539 (30 May 2022)
155. Mohmed Ally Dalla vs Leonard Nicholaus Seif (Misc. Land Application 452 of 2021) [2022] TZHCLandD 434 (30 May 2022)
156. Monica Paul Kyauka & Another vs Emanoel Paul Kyauka (Misc. Civil Application No. 33 of 2023) [2024] TZHC 2164 (21 May 2024)
157. Musa Malendeja vs R (HC Criminal Appeal 123 of 2020) [2020] TZHC 1983 (12 November 2020)
158. Mwanaisha Chale Vs Jacob Mohamed Mweka (Land Appeal No. 2374 of 2024) [2024] TZHC 1533 (5 March 2024)
159. Mwananchi Insurance Company Limited vs Tanzania Insurance Regulatory Authority & Another (Civil Appeal No.290 of 2020) [2023] TZCA 17371 (4 July 2023)
160. Nassoro Lwila and Another vs andrew C. Ndakidemi and Another (Misc. Land Aplication 19 of 2021) [2022] TZHC 487 (25 February 2022)
161. Noela Medard Wambura vs Juma Masagati Mabere (Civil Revision 86814 of 2023) [2024] TZHC 380 (22 February 2024)
162. Notiker Mgina vs Muringa Co. Ltd (baraka Julias) (Misc. Civil Application 44 of 2020) [2021] TZHC 2246 (17 February 2021)
163. Omari Mkilalu & Another vs Nuru Mtinge & Another (Misc. Civil Application 177 of 2022) [2022] TZHC 14144 (21 October 2022)
164. Peter Samanya Msacky vs Chief Executive Officer Agricultural Seed Agency & Others (Civil Appeal No. 249 of 2021) [2021] TZCA 581 (12 October 2021)
165. Pius Mtengwa and 4 Others vs The Registered Trustee of Seventh Day Adventist Church of Tanzania (Misc. Land Application 737 of 2018) [2021] TZHCLandD 773 (25 October 2021)
166. Pius Mtengwa and 4 Others vs The Registered Trustees of Seventhday Adventist Church of Tanzania (Misc. Land Application 737 of 2018) [2021] TZHCLandD 6729 (25 October 2021)
167. Pius Paulo Mbaruku vs. Frank Ramadhani Nyaki (Civil Case 9 of 2018) [2020] TZHC 4543 (14 December 2020)
168. Prestine Properties Limited vs Seyani BrOthers and Co. Ltd (Misc. Civil Application 654 of 2018) [2022] TZHC 14929 (22 February 2022)
169. Ragin Chandrakant Borhara vs Kinondoni Municipal Council (Land Case 116 of 2018) [2021] TZHCLandD 6970 (20 October 2021)
170. Raphael Matiko Makolom vs Merengo Gesewani (Misc. Land Appeal 15 of 2023) [2024] TZHC 332 (21 February 2024)
171. Rasia Harubu Salum (Admistratrix of the Estate of the late Harubu Salum Masamala vs Halima Mshindo (As Administratrix of the Estate of the Late Mariam Mzee (Land Case No. 252 of 2022) [2023] TZHCLandD 16825 (15 August 2023)
172. Raydom Kossam Mwasoni vs Libuka Mwakisyala (Misc. Land Application 13 of 2019) [2020] TZHC 1217 (20 May 2020)
173. Renold Semu Kombe vs Tumaini Wilfred Munisi (PC Matrimonial Appeal 38 of 2019) [2019] TZHC 60 (15 October 2019)
174. Republic vs Halfan Bwire Hassan and 3 Others (Economic Case 16 of 2021) [2021] TZHCCED 6668 (9 November 2021)
175. Riziki Samuel (as Administrator of the Estate of the late Mama Rukia Hattasi) vs Attorney General and 4 Others (Land Case No. 21 of 2023) [2024] TZHC 1648 (23 April 2024)
176. Samiha Abdulkadir Osman vs Mohamed Rafi Sammi (Misc. Civil Application No.315 0f 2022) [2023] TZHC 20944 (28 June 2023)
177. Severine A. Mallya & Another vs Charles William (legal Representative of the late William Kichao) (Misc. Land Aplication 58 of 2021) [2022] TZHC 894 (31 March 2022)
178. Shabani s/o Mkakanze vs Teresia D/o Mkakanze (Civil Appeal 20 of 2022) [2023] TZCA 145 (28 March 2023)
179. Sheila Senyoni vs Halima Ramadhani & 3 Others (Appeal 6 of 2021) [2022] TZHCLandD 643 (20 June 2022)
180. Sheila Senyoni vs Halima Ramadhani & 3 Others (Appeal 6 of 2021) [2022] TZHCLandD 721 (20 June 2022)
181. Shenaz Halari v Minister of Livestock and Fisheries and Another (Civil Case No. 173 of 2023) [2024] TZHC 367 (23 February 2024)
182. Simon Paul Dare vs Canadian (T) Ltd (Revision No. 235 of 2018) [2020] TZHCLD 218 (8 June 2020)
183. St Aloysius Girls Nursery& Primary school vs Amos Vedastus Masunga & Another (Misc Civil Application No. 430 of 2023) [2024] TZHC 1838 (3 May 2024)
184. Stanbic Bank Tanzania Limited vs Lawrence Kego Mhind Masha (Commercial Case 110 of 2021) [2022] TZHCComD 258 (31 August 2022)
185. Stanley J. Kevela t/a Yono Auction Mart & Company Limited vs Chairman, Court Brokers and Process Servers Appointments and Disciplinary Committee and Another (Miscellaneous Cause No. 21 of 2023) [2023] TZHC 18139 (20 June 2023)
186. Sultan Omary Kitambulio vs Dar Es Salaam Water & Sewarage Corporation (dawsco) Under Seccession of Dawasa (Misc. Application No. 457 of 2019) [2020] TZHCLD 37 (27 March 2020)
187. Sunford Aminiel Urio (Administrator of the Estate of the late Aminiel Theofilo Urio) vs Rombo District Council and Two Others (Land Case No. 4 of 2023) [2023] TZHC 20184 (11 August 2023)
188. Sungurwa Traders vs Equity Bank Ltd (Civil Case 26 of 2019) [2020] TZHC 1584 (9 July 2020)
189. Swahili Travel Services Limited @ Swahili & 3 Others vs. Peter Thomas Assenga (Civil Appeal 126 of 2022) [2023] TZHC 19971 (9 August 2023)
190. Sylvester Warioba vs Juma Omary Kisaba (Reference No. 2 of 2023) [2023] TZHC 20127 (9 August 2023)
191. T.G World International Ltd vs Carrier Options Africa (Tanzania) Ltd (Civil Appeal 23 of 2022) [2022] TZHC 2976 (4 April 2022)
192. Tanzania Portland cement public limited company vs Christopher Eliud Chambo & 3 others (Civil Appeal No. 85 of 2023) [2024] TZHC 1913 (9 May 2024)
193. Tanzania Rastafari Movement (taramo) formally Familia Ya Jamii Ya Jamii Ya Rastafari Tanzania & Another vs Evelyne Simon Laizer (Administratrix of the Estate of the Late Joshua Naphtali Mkhululi @ Ken Edwards (Land Revision Case 6 of 2023) [2023] TZHCLandD 16428 (4 April 2023)
194. The Attorney General and another vs Obadia Mjarifu t/a Kellu Hill Secondary School (Misc. Civil Appl No. 15 of 2023) [2023] TZHC 18564 (16 June 2023)
195. Thomas Godfrey Mfyuji vs Christopher T. Mfyuji (Probate Appeal 1 of 2022) [2022] TZHC 15050 (12 December 2022)
196. Thomas Makongo vs Kigera Etuma Village Council (Misc. Land Application No. 34 of 2023) [2023] TZHC 18874 (13 July 2023)
197. Tuntufye Mwambagi vs Adija Kisale (Misc. Land Appeal 21 of 2020) [2021] TZHC 3902 (30 June 2021)
198. Twaha Michael Gujwile vs Kagera Farmers Cooperative Bank Ltd (Civil Application 156 of 2020) [2020] TZCA 1935 (26 August 2020)
199. Uduru Makoa Agricultural & Marketing Co-operative Society Limited vs Makoa Farm Limited (Miscellaneous Civil Application No. 24 of 2023) [2024] TZHC 928 (19 March 2024)
200. Vicent Okwaro vs Robert Athanas (Misc. Civil Application 35 of 2022) [2023] TZHC 17207 (5 May 2023)
201. Yara Tanzania Ltd vs D.B Shapriya & Co. Ltd (Commercial Reference 8 of 2022) [2022] TZHCComD 341 (28 October 2022)
202. Zakaria Ndewingia Mwacha and 2 Others vs Damas Mandari Ngoiya (Land Case Appeal 43 of 2022) [2023] TZHC 16906 (28 April 2023)