Legal Materials Collection

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Welcome to Mzumbe University Legal Repository, In this collection you will find all legal documents like, Reported and unreported cases, ACTS, Government Gazette etc. To view content in this community please register with Mzumbe university Mail eg. yourname@mustudent.ac.tz or yourname@mzumbe.ac.tz. For help call +255734099538/+255713804102

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Now showing 1 - 10 of 14
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    Mbeya Cement Company Limited Appellant Vs Mbeya District Council Respondent Appeal No. 19 of 2011
    (High Court of Mbeya - TAanzania, 2013) Rutakangwa,l.A.,; Luanda,l.A.,; Mjasiri, l.A.
    Mbeya District Council, a local Government Authority (henceforth Respondent) instituted a suit in the High Court of Tanzania (Mbeya Registry) against Mbeya Cement Company Limited (henceforth the appellant), a manufacturer of Tembo cement whose factory is situated at Songwe Industrial area within Mbeya District for declaratory orders and injunctive reliefs pertaining to service levy. The respondent maintained that she is the sole beneficiary of the said levy because the products originates from the factory situated in her jurisdiction and not other district Councils where the products are sold.
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    Kilomo Mohamed VS The Repulic Respondent Criminal Appeal No. 412 Of 2015
    (Court Of Appel Dodoma - Tanzania, 2016) Kileo, E.A; Orio, K.K; Juma, I.H
    The appellant Kimolo s/o Mohamed Athumani was arraigned and convicted in the District Court of Kondoa on the charge of rape contrary to sections 130 (1) and 131. The rape was alleged to have taken place at Hamai Village in Kondoa District on the 19th day of April 2012. He lost his appeal to the High Court and he is now before us on a second appeal
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    Mbeya cement Vs Kunda Sight Construction 30th April & 20th May, 2015 : Ruling applicant respondent
    (High Court of Daressalaam - Tanzania, 2015) MWAMBEGELE, J. C M.
    This is a ruling in respect of an application brought by the applicant Mbeya Cement Company (henceforth "the applicant") seeking the indulgence of this court to set aside the dismissal order it made on 06.02.2014.The background facts of this matter were sufficiently set out by this court in its ruling which was handed down on 02.04.2015 in respect of a preliminary objection raised by Mr. Mwambene, learned counsel for the respondent Kundah Singh Construction (henceforth "the respondent''). I shall recite the said background facts as they are equally relevant in this ruling
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    Kijiji Mtatiro Vs The Republic Respo Crim Appeal NO. 130 OF 2011
    (Court Of Appel Mwanza Tanzania, 2013) ORIYO.K.K; RUTAKANGWA E.M.K; KAIJAGE S.S.
    The appellant, Kijiji Mtatiro was one of the three persons charged with the offence of Robbery with violence, contrary to sections 285 and 286 of the Penal Code ,Cap 16, R.E. 2002
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    Matola Kajuna: Appe Vs The Republic..Respo Crim Appe No. 145 of 2011.
    (THE COURT OF APPEAL OF TANZANIA AT MBEYA, 2015-01) Luanda, B.M; Juma, L. H; MANDELA,J
    In the District Court of Kyela sitting at Kyela the above named appellants were charged, "convicted" and each was sentenced to 30 years imprisonment for armed robbery contrary to section 287 A of the Penal Code. Aggrieved by both "conviction" and sentence, they unsuccessfully appealed to the High Court. Still dissatisfied, they have come to this Court on second appeal
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    MussaYaredi :The Republic Vs Applient Respondent
    (The Court of Appeal of Tanzania at Dodoma, 2013) MSOFFE, J.A .; KILEO, J. A; KIMARO, J. A.
    This is a second appeal. The appellant was convicted of rape contrary to section 130 (1) and (2) (e) of the Penal Code and was sentenced to a term of 30 years imprisonment and 10 strokes of the cane. He appealed to the High Court which transferred the appeal to be heard by a Resident Magistrate with Extended Jurisdiction. He lost his appeal before the Principal Resident Magistrate (Rutatisinibwa) with Extended Jurisdiction hence the appeal before us
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    Mustapha Maulidi Rashidi Vs The Republic No.241 of 2014
    (Court of Appeal of Mtwara- Tanzania, 2015) Othman, C.J.; Mjasiri, J. A.; Mmilla, J.A.
    This appeal arises from the decision of the High Court at Mtwara. The appellant was charged with and convicted of the offence of murder contrary to section 196 of the Penal Code, R.E. 2002 and was sentenced to death. The background leading to the conviction of the appellant is as follows: The appellant resides in Mozambique but has a family in Nakarara Village in Mtwara Region. It was alleged by the prosecution that on June, 18, 2011 the appellant hired a motorcycle operated by the deceased from Nagaga Village to Nakarara Village within Masasi District in Mtwara Region. Upon reaching Nakarara Village he took the ceased to his home where he found his sister before he led him to the field, where he attacked him with an iron bar and caused his death.
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    Mwakani Shehe Vs. The Republic Criminal Appeal No. 155 of 2011
    (High Court of Appeal Mbeya -Tanzania, 2013) Hon. Rutakangwa, J.A.; Hon Luanda, J.A.; Hon Juma, J.A.
    The appellant, Mwakani Shehe, was convicted by D.O. Komba, the Principal District Magistrate of the District Court of Mbarali at Rujewa. This conviction came after he was jointly tried together with Athanas Mlalilwa for the offence of Armed Robbery contrary to section 287A of the Penal Code as amended by the Written Laws (Miscellaneous Amendments) 2) Act, 2004 (Act No. 4/2004). However, Athanas Mlalilwa, the 2nd accused, was acquitted by the trial court. Particulars of this offence allege that on 13th October 2007 at about 20.00 p.m. at Ukwaheri village in Mbarali District, the two accused stole shs. 5,200,000/= from the complainant PW1 Isack Galahenga, and used a panga to slash the owner in order to obtain and retain this money which they had stolen.
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    Mazongera building...Applicant vs Diomond Trust Bank..Respondent Misc. Comm Case No.35 of 2015 Ruling Hon.Songoro ,J.
    (THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) DAR ES SALAAM, 2015) SONGORO. H . T
    On the 2/2/2015, Diamond Trust Bank the Respondent instituted asummary suit under Order XXXVof the Civil Procedure Code Cap 33[R.E 2002] against Mazongera Building Contractors Ltd, Salum Suleiman Ale, Suleiman Salum and Masoud Salum the Applicants claiming outstanding amount of shs 1,189,565,129.49 which includes a sum of 850,Million as principal sum of overdraft facility and interest advanced to the first Applicant.
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    MAULIDI SWEDI..APPE VS THE REPUBLIC..RESPO CRIM APPLI NO.2 OF 2011 HON.KIMARO,J.A
    (COURT OF APPEAL OF TABORA AT TANZANIA, 2013) KIMARO, l.A.; MANDIA, l.A.; KAIlAGE, l.A.
    The applicant was one of the appellants in the consolidated appeals which are shown above. The appeals were heard by the Court at Tabora on 2 June, 2011 and the judgment was delivered on so June, 2011.The Court dismissed his appeal. The conviction on a charge of robbery contrary to section 285 and 286 of the Penal Code, [CAP16 R.E.2002] and the sentence of thirty years imprisonment that was imposed by the trial Court and sustained by the first appeal Court were sustained.