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Citation
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Judgment date
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| December 2001 |
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Appeal: convictions for housebreaking and theft quashed; possession conviction upheld and sentence increased to 30 months.
* Criminal law – sufficiency of evidence – housebreaking with intent and stealing – appellate acceptance of prosecution concession leading to quashal of convictions. * Criminal law – possession of breaking implements (s.298(d)) – large number of keys and suspicious cash as evidence of unlawful possession. * Sentencing – appellate interference to enhance manifestly inadequate sentence. * Procedure – omission in trial judgment to record conviction/sentence; rectification of record where omission appears inadvertent.
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31 December 2001 |
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Conviction for arson quashed where identification evidence was unreliable and prosecution did not support the conviction.
Criminal law – Malicious damage by fire (arson) – Identification evidence – reliability and circumstances (darkness, vantage point, delay in arrest) – insufficiency of evidence – conviction quashed where identification unsafe; release ordered.
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28 December 2001 |
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Robbery conviction quashed because identification and linkage of recovered tools to the appellant were inadequately proved.
Criminal law – robbery – identification of accused; identification of recovered property – requirement for distinctive marks or particularised description; credibility assessment of witnesses; benefit of doubt where proof is inadequate.
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28 December 2001 |
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Unresolved credibility and inadequate identification of common tools led to quashing the appellant's robbery conviction.
Criminal law - robbery - identification of stolen property; proof of ownership of common tools; witness credibility; benefit of doubt; appellate intervention where trial court fails to resolve material conflicts.
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28 December 2001 |
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A chamber application unsupported by an affidavit sworn before a commissioner is invalid and must be struck out with costs.
Civil procedure – affidavits – requirement that affidavits be sworn/affirmed before a commissioner for oaths – chamber applications must be supported by valid affidavits – improperly sworn affidavits are nullities and cannot be amended.
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27 December 2001 |
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Appellate court quashed acquittals for forgery and uttering, finding documents forged and respondent involved; expert handwriting evidence not indispensable.
Criminal law – Forgery and uttering – Whether expert handwriting opinion is essential – No, where direct positive evidence suffices; appellate re-evaluation of evidence where trial judgment fails to analyse whole evidence; conviction on appeal where acquittal was erroneous.
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24 December 2001 |
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Uncorroborated sighting of magistrate with complainant insufficient to prove bias; transfer and bail refused.
* Criminal procedure – Disqualification of trial magistrate – Allegation of bias – Bare sighting of magistrate with complainant insufficient; strong evidence required to show likelihood of bias.
* Bail – Cancellation for repeated defaults of appearance – cancellation on good grounds upheld.
* Transfer of proceedings – not warranted absent cogent proof of bias.
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24 December 2001 |
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Appeal dismissed: defendant defaulted to give evidence; trial court's decision on encroachment and injunction upheld, damages claim refused.
Land dispute — encroachment on neighbouring plot; default by defendant — judgment on strength of plaintiff’s uncontradicted evidence; locus in quo — no site visit where no request or evidence made; assessment of damages and costs — damages refused and costs awarded but not quantified.
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21 December 2001 |
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Appeal dismissed: credibility-based finding of possession upheld despite questions on sale formalities and assessors’ record.
Land law – proof of sale and possession – credibility of witnesses; possession versus title where municipal consent absent; locus in quo visits; assessors’ consultation procedure.
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20 December 2001 |
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Appellate court upheld factual findings of respondent’s possession; sale possibly void as to title but possession/licence passed; appeal dismissed.
Appeal – credibility and findings of fact – appellate restraint on disturbing credibility-based findings; evidence of purchase and lawful possession; locus in quo visits and their effect on fairness; validity of land sale absent customary/municipal consent – title versus possession; requirement to consult assessors need not produce a recorded consultation.
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20 December 2001 |
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Appeal dismissed: prosecution witnesses found to have perjured themselves; evidence insufficient to overturn acquittals.
Criminal law – Threats to kill/injure (s.89(2)(a)) and malicious damage (s.326(1)) – Appellate review of acquittal – Credibility of prosecution witnesses – Allegations of witchcraft and prior dispute – Frame-up and perjury – Burden of proof beyond reasonable doubt.
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19 December 2001 |
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Application for revision struck out for being incompetent and supported by a defective affidavit.
Probate and Administration — Proper remedy — Revision versus appeal; Civil procedure — Competence of application; Evidence — Affidavit verification — requirement to state facts, grounds of belief and sources of information; Relief — striking out defective applications with costs.
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19 December 2001 |
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Appeal dismissed: appellant failed to prove ownership of disputed land or entitlement to seized timber; trial findings upheld.
Land ownership and proof — where claimant has title to a surveyed portion only, proof required for additional land; evidentiary inconsistencies and credibility findings — appellate court will not disturb trial court absent clear error; seizure of timber from land outside titled parcel may be lawful village action; locus in quo observations insufficient to overturn findings.
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19 December 2001 |
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19 December 2001 |
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Court taxed a bill of costs, disallowing an excessive instruction fee and upholding the remaining items as reasonable.
* Civil procedure – Taxation of bill of costs – Reasonableness and scale of fees – Instruction fee found excessive and reduced; other items taxed as presented. * Civil procedure – Taxation in absence of respondent – Proceeding permitted after service attempts and written submissions.
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17 December 2001 |
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Appeal dismissed: appellant failed to prove seized timber came from land beyond his surveyed 150 acres.
* Property law – disputed land ownership (surveyed 150 acres vs claimed 288 acres) – burden of proof to establish title beyond surveyed land.
* Evidence – credibility and consistency of pleadings and witness testimony – appellate review of trial court findings.
* Seizure – claim for restoration of timber and tools and sufficiency of proof of seizure.
* Civil procedure – limits on appellate interference with factual findings and reliance on in loco observations.
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16 December 2001 |
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16 December 2001 |
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Court limited to appointing administrators; distribution of estate assets is the administrators' exclusive duty, not a court or clan meeting function.
Administration of estates – role of the court limited to appointing or recognising administrator – collection and distribution of estate assets are functions of the administrator, not for the court to allocate – distributions convened by non-administrators are unlawful.
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14 December 2001 |
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Inchoate title from a letter of offer and proper administrative approval outweighs an oral claim; appeal dismissed with costs.
Land allocation – change of use – approval and procedural compliance; inchoate title (letter of offer and payment of duties) versus oral claim; necessity of joining approving/allocating authority; appeal dismissed for want of merit and non‑joinder.
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14 December 2001 |
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A District Court cannot assume jurisdiction to try a Primary Court case concerning customary land; such transfers require proper High Court authority.
Magistrates Courts Act – jurisdiction – transfer of proceedings from Primary Court – disputes over customary land – limits on District Court’s power to assume jurisdiction; section 64 proviso and GN No.320/1964 do not empower District Court to hear administration/customary land matters transferred from Primary Court; leave or action by High Court required for such transfers.
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14 December 2001 |
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District Courts cannot try or transfer suits concerning land under customary law without statutory jurisdiction or High Court leave.
• Civil procedure — Jurisdiction and transfer — Whether District Court may hear or transfer proceedings concerning land held under customary law — Magistrates Courts Act ss.63, 64 (provisos). • Customary law — Immovable property, inheritance — Primary court jurisdiction; High Court leave required for commencement elsewhere. • Engaging counsel does not confer jurisdiction on a court.
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14 December 2001 |
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Reported
Criminal Practice and Procedure - Charges - Charge alleging an offence against
a statutory provision that does not exist — Proceedings null and void.
Immigration - Charges - Person charged with and convicted ofan immigration
offence that does not exist under the law - Proceedings null and void. |
13 December 2001 |
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Applicant entitled to TZS 99,286,000 refund and USD 390,000 payment for undelivered and unpaid maize, with interest and costs.
Contract law – sale and delivery of goods – failure to deliver paid-for goods; credit sale – unpaid purchase price; admissibility of documentary and secondary evidence; ex parte judgment – defendant defaulting; award of interest and costs.
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13 December 2001 |
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Appeal dismissed as time-barred for failure to file within the 30-day limit under section 25 of the Courts Act.
Criminal procedure – appeal time limits – Appeal from District Court to High Court – section 25 Courts Act No. 2 of 1961 – requirement to file within 30 days; appeal filed out of time and dismissed.
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12 December 2001 |
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Appeal allowed: eyewitness identification found unsafe due to material falsehoods and lack of independent corroboration; convictions quashed.
* Criminal law – identification evidence – reliability of eyewitness identification where witnesses gave materially inconsistent or false testimony about visibility; no independent corroboration – conviction unsafe. * Criminal procedure – appeal – effect of fundamental discrepancies and absence of recovered property on safety of conviction.
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12 December 2001 |
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Proceedings presided over by a magistrate without jurisdiction are null and the resulting appeal cannot stand.
* Magistrates' Courts – Jurisdiction – Resident Magistrate's Court properly constituted only when presided by a Resident Magistrate – proceedings conducted by a magistrate without jurisdiction are nullities. * Supervisory powers – High Court’s power under s.44(1)(b) to quash and set aside proceedings conducted without jurisdiction. * Appeals – appeal from null proceedings is untenable.
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12 December 2001 |
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Bail in manslaughter granted subject to stringent immovable-property sureties, surrender of travel documents and reporting conditions.
* Criminal procedure – Bail – Admission to bail in manslaughter charge – seriousness balanced against interests of justice. * Bail conditions – requirement of two sureties owning immovable property; approval by District Registrar on basis of local leaders’ introductory letters. * Restrictions – surrender of travel documents, prohibition on leaving district without magistrate’s permission, monthly police reporting.
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12 December 2001 |
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11 December 2001 |
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An appeal filed beyond the 30‑day statutory period under s.20(3) is incompetent, dismissed, and the trial court's decision upheld.
Appeal — Timeliness — Section 20(3) Magistrates' Courts Act 1984 — appeal from Primary Court must be filed within 30 days — appeal filed after statutory period is incompetent and liable to be quashed — subsequent appeal dismissed — costs awarded.
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11 December 2001 |
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An appeal filed beyond the statutory 30-day period is incompetent and dismissed; lower court judgment upheld with costs.
Civil procedure – Appeal time limits – Appeal from Primary Court to District Court must be filed within 30 days (Magistrates' Courts Act s.20(3)); late filing renders appeal incompetent and subject to dismissal; consequences for subsequent appeals; costs awarded.
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11 December 2001 |
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Prosecution withdrew charges against two accused; the remaining accused pleaded guilty to manslaughter and was convicted and sentenced.
* Criminal law – Murder (c/s 196) — Plea bargaining/charge withdrawal — Nolle prosequi under s.91(1) and discharge of co-accused.
* Criminal law – Acceptance of plea to manslaughter (c/s 195) where factual basis exists; conviction on plea.
* Sentencing – Mitigation considered (youth, first offender, prolonged remand, provocation) weighed against disproportionate use of lethal force.
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11 December 2001 |
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Proceedings before an improperly constituted magistrate are null; jurisdictional defects may be raised at any stage.
Magistrates' Courts Act s.6(1)(c) – court of resident magistrate must be presided by resident magistrate; improper constitution deprives court of jurisdiction – lack of jurisdiction is fundamental and incurable – jurisdictional defects may be raised at any stage – proceedings heard by improperly constituted magistrate are nullity.
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10 December 2001 |
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Court refused injunction to a party that resumed mining in breach of a suspension agreement and granted the rival injunction.
Mining law – suspension agreement – temporary injunction – entitlement to equitable relief where applicant has breached contract – balance of convenience – protection of legitimate contractual interest – trespass and resumption of operations pending payment of expenses.
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7 December 2001 |
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Whether a Resident Magistrate may tax costs of proceedings concluded in the High Court and the correct procedure to challenge taxation.
Civil procedure — Jurisdiction of taxing master; Resident Magistrate lacks power to tax costs for proceedings terminating in the High Court; Procedure to challenge taxation — reference to High Court (not appeal/revision); Abuse of process by counsel attempting taxation in a court without jurisdiction.
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7 December 2001 |
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The applicant lacked title because a registered transfer deed conclusively vested the property in the transferee; appeal dismissed.
* Land law – transfer by indenture – registered transfer deed vests conclusive title.
* Evidence – documentary evidence – registered documents are conclusive and cannot be contradicted by oral evidence.
* Property/inheritance – omission from will consistent with lack of interest where title has passed by transfer.
* Genuine document – minor discrepancies in signing dates immaterial when document is registered.
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6 December 2001 |
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Appeal dismissed: defendant defaulted after plaintiff’s case; injunction for removal of encroachment upheld, appeal without merit.
Property law – boundary disputes and encroachment – injunction for removal of encroaching structure; Civil procedure – defendant abandoning defence by default after close of plaintiff’s case; locus in quo – no entitlement to site visit absent request; appellate review – credibility and contradictions must appear on record to overturn findings; awards of damages and costs – must be supported by trial record and quantified where necessary.
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5 December 2001 |
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5 December 2001 |
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Appeal dismissed: defendant’s inchoate title and approved change of use upheld; non-joinder of the allocating authority fatal to the claim.
Land law — Allocation of village land — Letter of offer and inchoate title — Change of use of allocated plot — Competent authority approval — Non-joinder of approving authority — Effect on justiciability of ownership dispute.
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5 December 2001 |
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Dispute over reallocated plot: defendant’s letter of offer and payment gave inchoate title; change of use and allocation upheld as lawfully approved.
* Land allocation – letter of offer – inchoate title where offer issued and dues paid – effect on District Allocation Committee control
* Change of land use – proposal by District land office and approval by headquarters – lawful reallocation from nursery school to mosque
* Admissibility and weight of witness evidence on administrative allocation procedures
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5 December 2001 |
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5 December 2001 |
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The defendant's late application for leave to defend in a summary suit was time‑barred and dismissed for failure to justify non‑appearance.
Civil procedure – summary suit – substituted service by publication – computation of time to apply for leave to defend (21 days); Order III – who may appear for a party (recognized agent or advocate only); letters/correspondence do not constitute appearance; time‑barred application dismissed.
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4 December 2001 |
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Plaint must state precise monetary amounts (Order VII r2); defective, ambiguous monetary claims may be struck out under Order VI r16.
Civil Procedure – Order VII r2 – requirement to state precise monetary amount where money is claimed; application to equitable reliefs such as specific performance; Order VI r16 – power to strike out pleadings that are embarrassing, prejudicial or liable to delay fair trial; subordinate courts’ pecuniary jurisdiction and the need for clear pleaded amounts.
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4 December 2001 |
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The plaint failed to quantify claimed monetary reliefs as required by Order VII rule 2 and was struck out as embarrassing.
Civil procedure – pleadings – requirement to state exact or approximate monetary amounts – Order VII rule 2, Civil Procedure Code; power to strike out embarrassing or prejudicial pleadings – Order VI rule 16; plaint struck out for failure to quantify claimed monetary reliefs.
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4 December 2001 |
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An appellate court cannot indefinitely suspend sale of matrimonial property on welfare grounds absent statutory or time‑limited justification.
Law of Marriage Act – power to order sale and division of matrimonial property – factors to consider (custom, contributions, children’s needs) – limits on suspending sale – welfare of children does not justify indefinite suspension absent statutory basis.
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4 December 2001 |
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A time‑barred appeal is a nullity; appellate court orders made on such an appeal are quashed and the trial court judgment stands.
Civil procedure – appeals – statutory time limit for lodging appeals under s.20(3) Magistrates’ Courts Act 1984 – appeal filed out of time is a nullity – appellate court’s failure to dismiss time‑barred appeal renders its orders void – subsequent appeal incompetent where underlying appeal is invalid.
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3 December 2001 |
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An out-of-time Primary Court appeal is incompetent, voiding subsequent District Court and High Court appeals.
Appeals — Primary Court to District Court — statutory 30-day time limit (s.20(3), Magistrates' Courts Act) — appeal lodged out of time — incompetence and nullity of subsequent District Court decision — effect on further appeals to High Court.
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3 December 2001 |
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3 December 2001 |
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An appeal filed outside the 30‑day statutory period is incompetent, rendering subsequent appeals founded on it invalid.
Appeals — statutory time limits — Magistrates' Courts Act s.20(3) — appeal from primary court to District Court must be lodged within 30 days; appeal lodged outside time is incompetent and time‑barred — District Court decision founded on incompetent appeal is a nullity — subsequent appeal founded on a nullity is invalid — costs awarded to successful party.
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3 December 2001 |
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Failure to file court‑ordered written submissions amounted to failure to prosecute; appeal dismissed with costs.
Civil procedure – compliance with court orders – written submissions – failure to file within prescribed time – constitutes failure to prosecute – late submissions without leave not acted on – appeal dismissed with costs.
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3 December 2001 |
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Re-allocation during Operation Vijiji and excessive delay extinguished the applicant's land claim; appeal dismissed.
Land law – re-allocation of village land during Operation Vijiji (1974/75) – effect on title; Prescription and limitation – delay in bringing land claim extinguishing title; Civil procedure – weight of locus visit and witness evidence; Effect of criminal trespass proceedings on civil title dispute.
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3 December 2001 |