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Citation
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Judgment date
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| December 2020 |
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Convictions quashed where cautioned statements and documentary evidence were irregularly admitted, defeating proof beyond reasonable doubt.
Criminal law – Burglary and stealing – adequacy of proof; recent possession doctrine Evidence – cautioned statements – requirement to prove lawful recording (time/place) and necessity of inquiry into extra-judicial statements Evidence – documentary exhibits must be read out in court after admission; omissions are fatal Procedure – certificate of seizure must be properly completed and signed; sentencing must state mode of running sentences
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2 December 2020 |
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A counterclaim may be brought against a co‑defendant; objection on that ground dismissed and counterclaim held maintainable.
Civil procedure — Counterclaim — Maintainability of counterclaim against co‑defendant — Order VII rule 10(1) Cap 33 — Preliminary objection dismissed.
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1 December 2020 |
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Delay and lack of diligence, not alleged illegality, justified dismissal of extension of time to appealRegistrar's title cancellation.
Land law — extension of time to appeal — requirement to account for each day of delay; negligence of counsel not sufficient excuse; plea of illegality may justify extension but is subject to diligence; right to be heard and procedural compliance in land registration appeals; amended affidavit versus supplementary affidavit — procedural impropriety.
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1 December 2020 |
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Doctrine of recent possession upheld where accused found with registered motorcycle and failed to satisfactorily explain possession.
Criminal law – Burglary and theft – Doctrine of recent possession – Conditions for invocation and rebuttal by accused; identification of stolen property by registration card and exhibits; failure to cross-examine as acceptance of ownership evidence. Evidence – Weight over number of witnesses; search record and possession as corroboration.
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1 December 2020 |
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Registration effected without probate/letters of administration was invalid; beneficiaries are entitled to equal distribution of the intestate estate.
Succession and intestate estates – entitlement of biological children to equal shares; Law of the Child Act protections; Tanzania-India Succession principles. Land law – validity of transfer/registration under Land Registration Act s.67; requirement of probate/letters of administration for registration by legal personal representative. Registration – indefeasibility versus registration obtained without compliance with statutory probate/administration requirements; title tainted by illegality. Remedies – declaration of estate status, nullification of faulty transfer, accounting for sales, distribution among beneficiaries; discretionary refusal of retrospective rent/interest.
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1 December 2020 |
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Occupants of a gazetted road reserve failed to prove title or an enforceable compensation agreement; claim dismissed.
Road reserve – gazettement (G.N. No.161/1967) and width rules – effect on private ownership and trespass claims Trespass to land – onus to prove possession or ownership; continuing trespass on gazetted road reserve Evidence – documentary proof of historic compensation and ministerial correspondence outweighs unsigned affidavits and unproven testimony Contract/administrative agreement – committee valuation or recommendation does not establish a binding government obligation if later superseded/nullified
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1 December 2020 |
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Confiscation of timber without requisite licences was lawful under the Forest Act; applicant's damage claim dismissed.
Forest law – seizure and disposal of forest produce – sections 88 and 94(4) Forest Act; Civil burden of proof – balance of probabilities; Special damages – requirement of specific pleading and strict proof; Equity – clean hands doctrine; Lawfulness of administrative confiscation for public purpose.
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1 December 2020 |
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Bank justified in freezing account amid shareholder mandate dispute; third defendant ordered to pay costs.
Banking law – freezing customer accounts – duty to inquire upon credible shareholder mandate dispute – liability for unauthorized withdrawals; corporate governance – validity of board resolutions and change of signatory mandates; evidentiary inference – failure to call material witness; costs against party causing mandate dispute.
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1 December 2020 |
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Applicant failed to show sufficient cause or to account for each day of delay; extension of time dismissed.
Practice — Extension of time — Requirements for sufficient cause — Applicant must account for each day of delay; death of advocate and ignorance of procedure not per se sufficient cause — Inaction/negligence not grounds for extension.
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1 December 2020 |
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Insurer held liable for incomplete repairs; ordered to pay vehicle value, towing, general damages, interest and costs.
Insurance — comprehensive motor policy; failure to tender policy — court unable to rely on policy terms; insurer's appointment of repairer established by correspondence; insurer liable where repair incomplete; award of market/pre-accident value, towing, general damages, interest and costs.
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1 December 2020 |
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1 December 2020 |
| November 2020 |
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Appellate tribunal erred by differing with assessors without reasons and misapplying law on pledged land sale.
Land law – pledge/pawn of land as security – sale of pawned property under s.128(1) Law of Contract; Civil procedure – appellate review – requirement for chairman to give reasons when differing from assessors under s.24 Land Disputes Courts Act; Evidence – possession, transfer instruments and estoppel.
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30 November 2020 |
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Failure to specify the disputed land’s description renders the appeal incompetent and warrants quashing the lower tribunals' proceedings.
Land law – requirement to identify disputed land by location, size, neighbours and value – Regulation 3(2)(b) GN. No. 174 of 2003 – failure renders proceedings/appeal incompetent. Evidence – evaluation of ownership claims and sale agreements – contradictory testimony and absence of tendered sale document insufficient to cure deficiency. Procedure – quashing of tribunal proceedings where statutory particulars are lacking; permission to file fresh suit after curing defects.
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30 November 2020 |
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30 November 2020 |
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Applicant failed to prove lease renewal or payments; continued occupation treated as trespass and compensation awarded to respondent.
Land law – tenancy and expiry of written lease; burden to prove oral extension or automatic renewal; admissibility and locus of power-of-attorney witness; remedy for post-expiry occupation – compensation for denial of use (trespass).
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30 November 2020 |
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Applicant’s dismissal quashed for breach of natural justice and excess of jurisdiction in disciplinary proceedings.
Judicial review – certiorari and mandamus – Police disciplinary procedure – excess of jurisdiction by Commission – natural justice – use of undisclosed documentary evidence vitiating tribunal’s decision.
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30 November 2020 |
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Appellate court wrongly excluded the applicant from a valid collective security contract; trial court judgment reinstated.
Contract law – collective security contract – validity and parties – application of section 10 and section 13 of the Law of Contract Act; Evidence – appellate re-assessment of trial court findings – requirement to give reasons when departing from trial court credibility findings; Civil procedure – quashing appellate decision and reinstating trial court judgment.
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30 November 2020 |
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Discontinuation quashed for breach of natural justice; court refused to compel award of diploma.
Judicial review – certiorari and mandamus – scope and limits of prerogative orders; Administrative law – natural justice – audi alteram partem, need for adequate notice of charges and reasonable time to prepare a defence; Academic discipline – institutional autonomy in disciplinary processes and awarding of academic credentials; Alternative remedies – availability/exhaustion of appeal as bar to judicial review; Scope of review – procedural impropriety not merits of evidence.
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30 November 2020 |
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Respondent proved ownership; sale by sibling invalid; appeal dismissed and lower tribunals upheld.
Land law – ownership dispute – whether claimant proved title on balance of probabilities – sale void ab initio where vendor lacks title – non-joinder of party not fatal (Order 1 Rule 9 CPC) – adverse possession/limitation not established.
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30 November 2020 |
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Applicant failed to account for each day of delay and lacked proof, so extension of time to appeal was refused with costs.
Land procedure – Extension of time under section 41(2) LDCA – Applicant must account for each day of delay – Absence of proof for reasons of delay – Afterthought where application follows execution proceedings – Dismissal with costs.
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30 November 2020 |
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Court held the applicants’ issues were factual not legal, refused certification, and dismissed the application with costs.
Appellate procedure – Certificate of point of law – Whether issues are questions of law or facts – Certifiability under s.5(2)(c) Appellate Jurisdiction Act and s.95 Civil Procedure Code; Probate/revision – ownership dispute and locus standi – premature recourse to revision and requirement to exhaust remedies (objection proceedings).
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30 November 2020 |
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Failure to produce a written contract and to prove/consult on retrenchment made the termination unfair; CMA award upheld.
Labour law – Employment contracts – Employer’s duty to provide written particulars (s15) and burden of proof (s15(6)); Retrenchment – validity of operational requirements and consultation procedures (s37, s38); Unfair termination – remedies under s40(1)(c).
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30 November 2020 |
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Failure to record a child’s statutory promise to tell the truth rendered the evidence inadmissible and conviction unsafe.
Evidence — Child witness — Section 127(2) Evidence Act (as amended) — Mandatory prior promise to tell the truth by a child of tender age — promise must be recorded; failure renders evidence improperly admitted and conviction unsafe — retrial ordered.
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30 November 2020 |
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Application to file and register an arbitral award under section 12(2) granted; award registered as a court decree.
Arbitration Act s.12(2) – filing/registration of arbitral award – Final award declared as Court decree; enforcement and apportionment of liabilities; performance bond enforcement; assessment of damages and costs.
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30 November 2020 |
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Primary court may appoint an administrator, but cannot usurp the administrator's role or adjudicate title shown by prior Offer of Right of Occupancy.
Probate law – appointment of administrators; Offer of Right of Occupancy as evidence of proprietary title; limits of primary courts' powers in administering and distributing estates; invalidity of court-attested private distribution agreements; revisional jurisdiction and limits on making orders outside the subject estate.
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30 November 2020 |
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Revision dismissed where applicant failed to prove filing of written submissions and defaulted under a binding deed of settlement.
Procedure — hearing by written submissions — failure to file per scheduling order amounts to non‑appearance; Review vs Revision — missing filings should be pursued by review with proof from court records; Civil enforcement — deed of settlement binds parties like a decree; Equity — defaulting party cannot seek relief; Evidence — filing of documents must be proved by appropriate record evidence.
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30 November 2020 |
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Applicants charged with bailable offences were granted bail on conditions after an unopposed application.
Criminal law – Bail – constitutional right to bail – applicants charged with bailable offences – unopposed bail application and respondent's lack of objection – grant of bail with conditions including bail bond, surety requirements, travel restrictions and custody of travel documents.
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30 November 2020 |
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Extension of time application struck out because jurisdiction lies with the subordinate court exercising extended jurisdiction.
Appellate Jurisdiction Act s.11(1) — extension of time to give notice of intention to appeal; jurisdictional allocation where subordinate court exercises extended jurisdiction; forum for extension applications.
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30 November 2020 |
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Domestic contributions entitle a spouse to property acquired or improved during marriage, not to property acquired before marriage.
Matrimonial property — section 114 Law of Marriage Act — contribution by domestic work and employment; Property acquired before marriage — not matrimonial property between subsequent spouses; Polygamy — prior spouse’s contributions considered but do not negate later spouse’s statutory rights; Contractual restriction on disposal — does not extinguish spouse’s statutory interest.
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30 November 2020 |
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Applicant failed to account for each day of delay; insufficient cause for extension of time, application dismissed.
Extension of time – discretionary relief – requirement to show sufficient cause – applicant must account for each day of delay – relevance and sufficiency of medical evidence – authorities: Lyamuya and Bushiri.
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30 November 2020 |
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Respondent proved ownership by sale agreement; appellant’s late objections and failure to cross‑examine rendered them untenable.
Land law – proof of ownership by sale agreement; Evidence – burden of proof, weight and credibility of evidence, failure to object or cross‑examine implies acceptance; appellate review – afterthought issues not entertained on appeal.
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30 November 2020 |
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Late retrieval of trial evidence did not constitute good cause; technical delay excused but overall extension refused.
Civil procedure – enlargement of time – section 11(1) AJA and Rule 83(2) CA Rules – good cause: accounting for delay, inordinate delay, diligence – late retrieval of evidence not sufficient – technical delay excusable where earlier appeal/application proved incompetent.
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30 November 2020 |
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Applicant voluntarily resigned; court finds no unfair dismissal, no entitlement to claimed arrears or termination benefits.
Employment law – unfair termination and constructive dismissal – voluntary resignation versus forced resignation; burden of proof on employer. Labour procedure – review of CMA award – adequacy of hearing and consideration of evidence. Remuneration disputes – salary-scale discrepancies claimed as afterthoughts and requirements for timely complaint. Political activity of public servants – effect of Standing Orders on leadership roles and disciplinary measures. Remedies – entitlement to terminal benefits and allowances contingent on finding of unfair dismissal.
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30 November 2020 |
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Court dismissed arrest application; corporate veil not pierced without proof of fraud or deliberate evasion.
Civil execution — arrest and detention as execution; lifting corporate veil — exceptional remedy requiring proof of fraud/dishonesty; separate corporate personality; burden of proof for piercing veil; last-resort nature of civil imprisonment.
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30 November 2020 |
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Occupational possession and council acknowledgements did not establish legal title; adverse possession cannot run against government, suit dismissed.
Land law – ownership dispute over municipal-allocated plots; survey and allocation by local authority; adverse possession not available against government; acknowledgements by authority not constituting offer or title.
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30 November 2020 |
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Compensation quashed where unsigned valuation for mature trees failed to prove value of two-month-old seedlings and preparer was not called.
Criminal law – malicious damage to property; compensation for destroyed trees – proof of value; admissibility of valuation document; requirement to call preparer/expert witness; application of Magistrates' Courts Act s.29(c).
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27 November 2020 |
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A suit against a person without legal interest nullifies proceedings; res judicata requires production of prior judgment.
Land law – res judicata requires production of prior tribunal/court judgment before plea can succeed; res judicata not to be raised first on appeal. Locus standi – plaintiff/defendant must have legal interest in disputed land; suing wrong party vitiates proceedings and leads to nullification. Procedural jurisdictional defects take precedence over factual credibility disputes.
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27 November 2020 |
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27 November 2020 |
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Conviction quashed where prosecution failed to call a material witness, tender a receipt, and a caution statement was not read aloud.
Criminal law – possession of suspected stolen property – section 312(1)(b) Penal Code; Evidence – failure to call material witness and failure to tender documentary proof; Caution statements – requirement to read admitted exhibit aloud; Burden of proof – prosecution’s duty to produce key witnesses despite statutory reverse on accused.
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27 November 2020 |
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Conviction quashed where identification, chain of custody and seizure/disposal procedures for perishable trophy exhibits were defective.
Wildlife offences – identification of government trophies; chain of custody – seizure, transfer, custody and disposal of perishable exhibits; non‑compliance with s.38 Criminal Procedure Act; PGO para 25 – disposal in presence of accused and photographing exhibits; defective exhibits expunged; conviction unsafe.
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27 November 2020 |
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Appeal dismissed: time-bar and minor witness inconsistencies insufficient to overturn tribunal’s land-ownership finding.
Land law – limitation/time bar – concurrent occupation does not automatically defeat a limitation defence; Evidence – evaluation of witness credibility and minor inconsistencies; Appellate review – minor contradictions not going to root insufficient to overturn tribunal findings.
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27 November 2020 |
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High Court found jurisdiction despite cooperative dispute mechanisms and ordered apportionment of guarantor liability; appeal partly allowed.
Cooperative societies — internal dispute resolution versus court jurisdiction; Registrar's role; guarantor liability; recovery from guarantors; apportionment of securities and seized goods.
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27 November 2020 |
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High Court lacks jurisdiction to certify or extend time for appeals from courts exercising extended jurisdiction.
Land Disputes Courts Act s.47(2) – certification of point of law – jurisdictional limits when impugned decision from subordinate court exercising extended jurisdiction; Extended jurisdiction – appeals from subordinate courts with extended jurisdiction lie directly to the Court of Appeal; High Court – no power to grant extension of time or certify points of law in matters originating from courts exercising extended jurisdiction.
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27 November 2020 |
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Second appeal dismissed: concurrent factual findings on land ownership and size upheld; no misapprehension of evidence or legal error found.
Land law – dispute over size and ownership of rural plot – burden of proof for alleged purchase and plot dimensions; Appellate review – concurrent findings of fact by lower tribunals will not be disturbed absent misapprehension of evidence or breach of law; Evidence – credibility and weight of oral testimony versus absence of written title; Procedural – points not argued before a lower tribunal cannot be raised to fault that tribunal on appeal.
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27 November 2020 |
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Applicant failed to show illegality or sufficient reasons for extension of time; appeal dismissed with costs.
Land – Extension of time to appeal – Allegation of illegality as ground for extension – Attendance at initial hearing and subsequent voluntary absence – Duty to account for delay – Ward tribunal proceedings and service of summons.
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27 November 2020 |
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Appellant who sues must prove title and implead necessary parties; customary occupancy equals granted title, appeal dismissed.
Land law – boundary disputes – surveyed/granted rights versus customary (deemed) rights of occupancy; burden of proof and admissibility/weight of lay evidence; necessity to implead government surveying/land authorities; appellate deference to Tribunal findings and locus in quo visits; s.45 Land Disputes Courts Act.
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27 November 2020 |
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Court dismissed revision; termination procedurally unfair for denying the respondent a hearing, CMA award upheld.
Labour law – unfair termination – procedural fairness – right to be heard (audi alteram partem) under Rule 13 Code of Good Practice; failure to produce primary/original evidence; revision of CMA award; upholding CMA award.
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27 November 2020 |
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Applicant failed to prove ownership; court found respondents’ evidence credible and the sale lawful.
Land dispute – Village land allocation during Ujamaa (Operation Vijiji) – succession and customary title – burden of proof on balance of probabilities – credibility of witnesses – sale lawful; absence of probate/letters of administration undermining estate claim.
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27 November 2020 |
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High Court quashed DLHT proceedings for denying applicant hearing and improperly transferring an undetermined ward tribunal file.
Land law — Revision under s.43 Cap.216 — Jurisdiction despite availability of appeal; Limitation Act inapplicable to Ward Tribunal-origin matters; Natural justice—right to be heard—breach renders proceedings null; Improper adducing of evidence in submissions—annexture expunged; File transfer/call of record — revision, not appeal, where ward tribunal had not determined rights.
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27 November 2020 |
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Failure to require, record or read assessors' opinions at DLHT vitiates proceedings and renders the judgment a nullity.
Land law – appellate procedure before DLHT – requirement that assessors give opinions in court and such opinions be recorded and read out at conclusion of hearing (s.23 LADCA and Reg.19(2) GN. No.174/2003). Evidence/procedure – absence of an assessor for part of proceedings means no full participation; written opinion off-record does not satisfy legal requirement. Procedural fairness – failure to obtain recorded assessor opinions goes to the root of the trial and renders judgment a nullity. Remedy – quashing of DLHT proceedings and judgment and ordering rehearing before a different chairman and assessors.
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27 November 2020 |