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Citation
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Judgment date
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| November 2025 |
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Applicant failed to account for delay; illegality alone insufficient to justify extension of time.
Extension of time – application for leave to appeal – applicant must account for every day of delay and show diligence – illegality as ground for extension must be apparent on the face of the record – uncorroborated assertions insufficient.
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11 November 2025 |
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Court registered and enforced parties’ settlement as consent judgment, resolving the appeal and underlying suit with binding governance and enforcement terms.
* Civil procedure – settlement/reconciliation – court-facilitated mediation and registration of agreement as consent judgment. * Enforcement – registered consent judgment binding parties and enforceable under institution’s constitution and Tanzanian law. * Governance – terms governing membership, asset registration, prohibition on misuse/transfer of institutional property. * Remedies – costs borne by parties; breaches attract criminal liability under cited penal provisions.
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10 November 2025 |
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Applicant’s administrator authority lapsed after four months without extension; subsequent land proceedings declared nullity and dismissed.
* Probate/Administration – Rule 10 GN.49 of 1971 – administrator must file inventory within four months or obtain extension; failure renders acts illegal and mandate ceases.
* Locus standi – an administrator whose mandate has expired lacks standing to sue or be sued in that capacity.
* Civil procedure – nullity – proceedings instituted by a person without legal mandate are null and subject to revision.
* High Court revisional jurisdiction – section 47(1)(b) & (2) Land Disputes Courts Act – power to call records, revise and nullify proceedings causing injustice.
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10 November 2025 |
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Accused convicted of murder based on medical evidence, admissible cautioned statements and doctrine of common intention; sentenced to death.
Criminal law – murder – elements: unlawful death, causation and malice aforethought; evidence – post-mortem and medical reports; cautioned statements – admissibility and timing of objections under CPA; common intention (s.23 Penal Code) – imputation of liability; defence of self-defence, alibi and repudiation of statements – timing and credibility.
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10 November 2025 |
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Appeal allowed: broken chain of custody, material contradictions and non‑production of cautioned statement defeated prosecution's case.
Criminal law – unlawful possession of government trophies; chain of custody – necessity of paper trail and clear marking; identity of exhibits – material contradictions; non-production of cautioned statement – adverse inference; proof beyond reasonable doubt.
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7 November 2025 |
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The applicant's appeal, filed after the statutory 90-day limit, was jurisdictionally time-barred and dismissed.
Limitation law – Appeal from subordinate court to High Court – 90-day statutory time limit (paragraph 1, Part II, schedule to the Law of Limitation Act Cap. 89 R.E.2023) – Jurisdictional effect of time bar – Mandatory dismissal under section 3(1) and (2)(b) – Suo motu raising of limitation point – Condonation requires tangible evidence.
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6 November 2025 |
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Appellant's failure to effect court-ordered service justified dismissal of the appeal for want of prosecution.
Civil procedure — Service of process — Compliance with court orders — Proof of service by affidavit — Dismissal for want of prosecution — Order XXXIX Rule 18, Civil Procedure Code Cap 33 R.E. 2023 — Duty of litigants to execute court orders.
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6 November 2025 |
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Appeal dismissed for repeated non‑compliance with court orders and failure to prosecute.
Land procedure — substituted service by publication — compliance with court orders — adjournment requires sufficient cause (Order XVII CPC) — dismissal for failure to serve notice/failure to prosecute (Order XXXIX r.18 CPC) — costs and possible penal consequences for non‑compliance (Penal Code s.124).
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6 November 2025 |
| October 2025 |
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Failure to observe mandatory locus in quo procedures vitiated DLHT proceedings; appeal allowed and decision quashed.
* Locus in quo — procedural requirements: presence of parties and advocates, evidence on oath at site, cross-examination, recording of observations, sketch plan.
* Failure to observe locus in quo procedure vitiates proceedings and occasions miscarriage of justice.
* Joinder of necessary parties — Commissioner for Lands/TANROADS where state allocation or surveying affects the dispute.
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28 October 2025 |
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Appeal dismissed; statutory rape proved by victim, eyewitness and medical evidence, conviction and thirty-year sentence upheld.
Criminal law – Statutory rape – proof of age, penetration and accused's involvement; credibility of child and family witnesses; evidential weight of PF3/medical report; prosecution’s choice of witnesses; failure to cross-examine and afterthought defences.
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24 October 2025 |
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Applicants detained eight days without court; police must produce them under section 34 CPA and constitutional protections.
Habeas corpus; Arrest and detention; Right to be brought before a magistrate; Section 34 Criminal Procedure Act (24 hours or as soon as practicable); Constitution article 15; Investigative convenience does not justify extended detention without court production.
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23 October 2025 |
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Applicants unlawfully detained beyond 24 hours; habeas corpus granted and immediate release or arraignment ordered.
* Criminal procedure – Habeas corpus – Detention beyond 24 hours – Compliance with s.33/s.34 CPA – Production before court required. * Affidavit practice – Order XIX r.3(1) CPC – distinction between facts and impermissible conclusions; expurgation of conclusory paragraphs. * Constitutional law – Right to personal freedom (Article 15) – unlawful deprivation of liberty.
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23 October 2025 |
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Failure to prove payment and share issuance defeats a shareholder’s unfair-prejudice petition and results in dismissal.
Companies Act – s.233 unfair prejudice – requisites for relief; Sale and purchase of shares – proof of payment, share certificate, statutory allotment and BRELA registration; Burden of proof in civil cases – party alleging performance must prove it; Sanctity of contract – court will enforce terms but requires cogent evidence of fulfillment.
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21 October 2025 |
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An eight-day, adequately accounted-for delay and pleaded illegality justified granting extension of time to appeal.
Civil procedure — Extension of time — Good cause — Applicant must account for each day of delay — Delay not inordinate where explained and brief — Diligence required — Illegality as ground for extension if apparent on record — Lyamuya principles applied.
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20 October 2025 |
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Primary Court’s closure of probate objections without oral hearing violated the appellants’ right to be heard; matter remitted.
* Probate law – objection to distribution of estate – Primary Courts procedure (GN No. 310 of 1964) – oral evidence required; written submissions not recognized for fresh evidence.
* Constitutional right – fair hearing – parties must be heard orally in Primary Court objection proceedings; dismissal without hearing is a nullity.
* Judicial discretion – court must exercise discretion judiciously; failure to adjourn or allow hearing constituted misdirection.
* Appellate review – District Court erred in finding waiver/‘sleeping on rights’ where Primary Court misdirected itself.
* Remedy – quash and set aside lower courts’ rulings; remit for rehearing before another magistrate; expedition; no costs.
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17 October 2025 |
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Whether the applicant owned the land personally or only as clan chief/trustee.
* Land law – customary land and "kikare" – distinction between clan/trust customary property and individual ownership; burden of proof in civil claims. * Evidence – probative value of clan minutes and probate records in determining mode of acquisition. * Customary/traditional authority – abolition of political chiefdom does not convert entrusted customary land into personal property. * Civil procedure – District Land and Housing Tribunal's assessment of ownership and factual findings affirmed.
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17 October 2025 |
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Whether disputed land is clan custodial (chiefdom) property or the applicant’s personal property.
Land law – customary/ clan land – Omukikare (chief’s custodial land) – whether land is personal property or held in trust by chiefdom; burden of proof in civil ownership disputes; effect of probate proceedings on customary custodial assets.
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17 October 2025 |
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Unexplained delay and inconsistent pregnancy timing undermined proof of identity, so statutory rape convictions were quashed.
Criminal law – Statutory rape – Essential ingredients: penetration, victim under 18, identity of assailant – Proof of age and pregnancy; Evidence – Unexplained delay in reporting sexual offences and effect on credibility; Medical evidence timing discrepancies and effect on identity; Pleadings – absence of a specific date in charge not necessarily fatal.
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17 October 2025 |
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Whether wrong statutory citation in an extension-to-appeal application is fatal when a specific provision governs.
* Land law – Appeals from DLHT in original jurisdiction – Extension of time – Section 41(2) Cap 216 governs applications for extension to appeal to the High Court.
* Civil procedure – Wrong citation of statute – Whether omission is fatal or curable by amendment where jurisdiction exists and no prejudice.
* Procedural law – Overriding objective cannot be used to circumvent mandatory procedural requirements.
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17 October 2025 |
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An administrator’s locus standi ends after court‑confirmed distribution, rendering subsequent suits against them incompetent.
* Succession/Probate – administrator’s locus standi – effect of filing inventory and court confirmation of distribution – functus officio. * Civil procedure – requirement that points of law be filed and made part of court record before consideration. * Government proceedings – issue of impleading Attorney General and notice to sue (raised but not determined).
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16 October 2025 |
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A revision application unsupported by an affidavit meeting Rule 24(3) requirements is incompetent and will be struck out.
* Labour procedure – Rule 24(3) Labour Court Rules, 2007 – affidavit requirements – material facts in chronological order – legal issues arising from facts – specification of reliefs – non-compliance renders revision application incompetent and liable to be struck out.
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16 October 2025 |
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Appellate court quashed conviction where medical signs did not prove recent penetration and defence alibi was not considered.
* Criminal law – Sexual offences – statutory rape – requirement to prove penetration (however slight) and necessity to show recent penetration where medical signs may be non‑specific.
* Criminal procedure – Non‑consideration of defence evidence – failure to analyse defence/alibi is a fatal irregularity.
* Evidence – Alibi raised during defence – court may consider but may accord weight in its discretion; first appellate court may re‑evaluate evidence.
* Evidence – Failure to call material witnesses – adverse inference and effect on proof of identity and timing.
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16 October 2025 |
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Unexplained nearly five‑year delay defeats extension; pleaded illegality not sufficiently apparent on the record.
Extension of time – requirements: account for all delay, diligence, inordinate delay – Plea of illegality must be apparent on the face of the record to justify extension – Finality of litigation and prejudice to respondent.
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15 October 2025 |
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Failure to describe and strictly prove disputed land (in pleading and evidence) nullifies tribunal judgment.
Land law – proof of ownership – mandatory description of immovable property in pleadings (Order VII r.3 CPC) – strict proof required for land claims – inconsistencies between pleadings, evidence and documentary exhibits – failure to call material witness – appellate disposal on decisive ground.
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13 October 2025 |
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Appellate court upheld conviction and mandatory life sentence for statutory rape: age, penetration and identity proved; minor contradictions immaterial.
Criminal law – Rape of a child under 10 – Elements: age, penetration, identification; Medical evidence and PF3 corroboration; Minor contradictions not fatal; Illegally timed cautioned statement disregarded; Late uncorroborated alibi afforded no weight; First appellate court duty to re-evaluate evidence.
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9 October 2025 |
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An amendment/substitution of a criminal charge after prosecution closure without s.251(2) safeguards is fatal and prejudicial to the accused.
Criminal procedure – amendment/substitution of charge under section 251 Criminal Procedure Act; variation between charge and evidence; accused’s right to comment and to recall witnesses under s.251(2); prejudice and fatal irregularity; effect of post-closure amendment of charge; refusal of trial de novo in presence of procedural injustice.
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9 October 2025 |
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A ward tribunal’s mediation certificate issued without territorial jurisdiction renders subsequent DLHT proceedings a nullity.
Land disputes – jurisdiction of ward tribunals – territorial jurisdiction – section 13(4) Land Disputes Courts Act – mediation certificate issued by tribunal lacking jurisdiction – ultra vires acts – nullity of subsequent DLHT proceedings.
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9 October 2025 |
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A deserted spouse cannot claim land bought later with the other spouse’s retirement benefits absent proof of joint effort.
Matrimonial property – joint efforts and ‘‘matrimonialisation’’; Burden of proof in civil claims – sections 117,118,122 Evidence Act; Effect of abandonment/separation on spouse’s claim; Pension/retirement benefits as non-matrimonial absent contribution; Ex-parte proceedings do not relieve burden to prove case.
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9 October 2025 |
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Failure to frame issues under Rule 44 is not fatal unless omission caused prejudice or prevented adjudication on the pleaded dispute.
Civil procedure – Rule 44 Primary Courts (Civil Procedure) Rules G.N. No. 310 of 1964 – Requirement to record admissions, denials and issues; Pleadings as cornerstone of civil trial – parties and court bound by pleadings; Omission to frame issues not automatically fatal – requires proof of prejudice or failure to decide dispute; Burden of proof in civil proceedings lies on party who alleges facts.
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7 October 2025 |
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Appeal allowed: conviction quashed for defective charge (s 268(1) used instead of s 265(1)) and insufficient proof of theft.
Criminal law – Cattle theft – Proper charging provision: offence under section 265(1), 268(1) is sentencing provision; defective charge renders proceedings a nullity; doctrine of recent possession – requirements of ownership, description, recent theft and possession; procedural fairness – right to be heard and cross-examination; appellate intervention where charge and evidence are defective.
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6 October 2025 |
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An incarcerated applicant’s inability to pursue appeal steps through prison officers can constitute good cause for extension of time.
* Criminal procedure – extension of time to appeal – section 382(2) Criminal Procedure Act (Cap.20 R.E.2023) – "good cause" requirement.
* Incarcerated applicants – inability to act personally and dependence on prison officers – constitutes good cause.
* Ex parte hearing where respondent absent – proceeding and grant of relief.
* Procedural condition – filing notice and petition within 30 days.
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6 October 2025 |
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A convict’s custodial incapacity can constitute good cause for a conditional extension of time to lodge an appeal.
Criminal procedure — Extension of time under s.382(2) — Convict in custody as good cause — Prison officers’ role in pursuing appeals for detainees — Conditional grant of extension.
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6 October 2025 |
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Long-term desertion and corroborated assault supported divorce; property division affirmed as matrimonial and properly apportioned.
Matrimonial law – Divorce – irretrievable breakdown – desertion and cruelty under s.107(2) LMA; Division of matrimonial assets – s.114 LMA – gifts, intention, spouses’ contributions and evidential proof; Appeal – appellate restraint on factual findings absent misdirection.
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6 October 2025 |
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Court grants convicted applicant extension of time to appeal, applying leniency due to prisoner constraints and absent counter-affidavit.
Criminal procedure – extension of time to appeal – discretion under s.382(2) CPA – affidavits as evidence and consequence of no counter-affidavit – Lyamuya principle on accounting for delay not rigidly applied to incarcerated applicants – prisoners’ inability to procure prison records.
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6 October 2025 |
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Extension of time to file revision dismissed for 103‑day unexplained delay and unproven illegality.
Labour law — extension of time to apply for revision — applicant must account for each day of delay; burden of proof on applicant; illegality must be apparent on the face of the record to justify extension; discretion to extend time exercised judicially.
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6 October 2025 |
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Conviction for statutory rape quashed where prosecution failed to prove victim’s age and penetration beyond reasonable doubt.
Criminal law – Statutory rape – Essential ingredients: penetration, victim under 18, identity of perpetrator – Proof of age: parent testimony, birth certificate and medical records – Evidential contradictions between testimony and PF3/medical notes – Credibility and timing of medical examination – Conviction unsafe where age and penetration not proved beyond reasonable doubt.
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3 October 2025 |
| September 2025 |
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Prisoners’ appeal deemed timely where prison officers delayed transmission; one-line dismissal quashed and appeal remitted for rehearing.
* Criminal procedure – computation of time for appeals – application of section 20(3) MCA and exclusion of weekend days under section 60(1)(e) and (2) Interpretation of Laws Act.
* Prisoners’ rights – filing and transmission of appeal documents by prison officers – delay by officers not attributable to prisoner.
* Judicial procedure – requirements for a valid ruling – necessity to state material facts, points for determination, decision and reasons.
* Remedy – quashing defective ruling and remitting appeal for hearing on merits before another magistrate.
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30 September 2025 |
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Second appellate court quashes lower courts for failing to scrutinise contradictory evidence; claimant failed to prove case.
* Civil procedure – second appeal – interference with concurrent findings where there is misapprehension, non-direction or failure to re-evaluate evidence.
* Burden of proof – balance of probabilities – claimant’s case must be supported by consistent, scrutinised evidence.
* Evidence – weight and credibility – material contradictions between witness accounts negate proof.
* Procedural fairness – complaint of denial of hearing raised but appeal decided on misapprehension and re-evaluation of evidence.
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26 September 2025 |
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A criminal fine does not bar a victim from pursuing independent civil compensation; civil courts must account for any criminal compensation.
* Criminal & Civil Remedies – Victim’s right to civil compensation after criminal conviction – fine in criminal proceedings does not extinguish civil claim; civil courts must account for any criminal compensation awarded. * Evidence – Standard of proof in civil proceedings is balance of probabilities; a final criminal conviction can be relied upon in related civil proceedings. * Procedure – Concurrent findings of fact by lower courts will not be disturbed absent demonstrable error.
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26 September 2025 |
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Court granted extension to file restoration application due to technical filing rejections and prompt applicant action.
Civil procedure – extension of time; sufficient cause; technical/registrar rejections; online filing defects; diligence and promptness in seeking restoration.
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26 September 2025 |
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Appellant failed to discharge the burden of proof; tribunal's ownership finding and refusal to visit locus in quo upheld.
Land law - proof of title - burden of proof under Evidence Act; conflicts between pleadings, testimony and will; locus in quo - discretion to visit and when visit is academic; locus standi/locus to sue where alleged beneficiary not shown to have succeeded to property.
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23 September 2025 |
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Applicant unlawfully detained without arraignment; court ordered release or bail within 12 hours.
Criminal procedure — Habeas corpus — Unlawful detention — Section 413(1) CPA — Arraignment within 24 hours (s.33(1) CPA) — Constitutional protection against unlawful detention (Art.15(2)) — Immediate release or bail where statutory requirements breached.
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18 September 2025 |
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Court found respondents in contempt for breaching injunction, ordered three-month civil detention and arrest warrants; damages denied for lack of proof.
* Civil procedure – Contempt for breach of injunction – Power to detain as civil prisoners and issue arrest warrants (Order XXXVII Rule 2(2) CPC).
* Enforcement – Attachment or compensation requires evidentiary proof of value of loss before orders can be made.
* Procedure – Ex parte orders and subsequent setting aside; consequences of repeated non-appearance by respondents.
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12 September 2025 |
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Tribunal lawfully varied an ex parte injunction orally to protect disputed land from alleged destruction; revision dismissed.
Injunctions — variation/discharge of ex parte injunction — oral application exception under Order XLIII Rule 2 — power to vary under Order XXXVII Rule 5 — s.68(e) CPC interlocutory powers — fresh circumstances (alleged destruction of trees) justify variation — preservation of disputed property — appellate review of tribunal’s discretionary exercise.
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12 September 2025 |
| August 2025 |
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Irregularities in admitting and rejecting evidence required a retrial for a fair determination of the loan dispute.
Civil procedure – evidence – admissibility of documentary and electronic evidence – procedural irregularities – jurisdiction of primary courts – retrial ordered due to irregularities affecting justice.
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26 August 2025 |
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A land sale is void where the alleged owner did not consent, and the respondent failed to prove lawful transfer of title.
Land law – Sale of land – requirement for lawful owner’s consent – Validity of sale agreement signed under coercion or without proper consent – Standard of proof in land disputes – Effect of failure to call critical witness.
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21 August 2025 |
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A public auction of mortgaged land is invalid where statutory valuation procedures are not followed prior to the sale.
Land law – Mortgage – Sale by public auction – Validity of auction without valuation; Evidence – Admission of mortgage documents before tribunals; Consent – Spousal consent to mortgage.
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21 August 2025 |
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The court confirmed dismissal of a land recovery claim as time-barred and found no merit in alleged procedural errors.
Land law – limitation period – recovery of deceased's land – effective involvement of assessors – appellate procedure – tribunal jurisdiction – Law of Limitation Act – appeals based on preliminary points of law prevail over merits.
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21 August 2025 |
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A District Land and Housing Tribunal lacks jurisdiction absent proper ward-level mediation and certification of failure thereof.
Land law – Jurisdiction – District Land and Housing Tribunal – Requirement of prior mediation and certification of failure at Ward Tribunal – Nullity of proceedings for want of jurisdiction.
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21 August 2025 |
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The court nullified tribunal proceedings for serious procedural defects, including improper amendment of pleadings and breach of hearing rights.
Land law - Procedural irregularities - Amendment of pleadings beyond court order - Restoration of dismissed matters - Right to be heard - Fair hearing principles - Nullification of proceedings.
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21 August 2025 |