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Citation
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Judgment date
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| December 2025 |
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Statutory notice complied with, but plaintiffs failed to prove title; land held as forest reserve and suit dismissed.
Land law – ownership of land within forest reserves – requirement and proof of title – statutory notice of intention to sue – trespass – evidentiary weight of maps and historical eviction notices.
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19 December 2025 |
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Plaintiff failed to prove title because a written sale agreement lacked essential particulars and oral evidence cannot vary it.
Land law – ownership – evidence – written sale agreement lacking boundaries or size – parol evidence rule (Evidence Act s.100) – title deed and sale agreements as proof of ownership – trespass – established boundaries.
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19 December 2025 |
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Reassignment of a case without recorded reasons renders subsequent tribunal proceedings and judgment null, prompting a trial de novo.
Civil Procedure — Reassignment of judicial officer — Mandatory recording of reasons for takeover — Failure renders proceedings and judgment nullity; Land Disputes — High Court revisional jurisdiction (s.47) — order for trial de novo; Evidence — Annexures not tendered not treated as formal evidence (not decided).
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19 December 2025 |
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First appellate court upheld tribunal: respondent proved gift; unpleaded forgery allegation rejected; appeal dismissed.
Land law – proof of gift – validity and authenticity of deed of gift – allegation of forgery must be specifically pleaded and strictly proved – evaluation of witness credibility and interest on first appeal – oral gift requires corroboration.
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19 December 2025 |
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Appeal dismissed: the tribunal correctly found the appellant's suit barred by res judicata under section 11 CPC.
Civil procedure — Res judicata — Section 11 Civil Procedure Code — Same matter directly and substantially in issue — Knowledge of prior suit; finality of litigation; remedy of revision versus fresh suit.
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18 December 2025 |
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Applicant met Atilio v. Mbowe criteria; injunction granted to maintain status quo pending resolution of disputed land ownership.
Land law – interim injunction – Order XXXVII Rule 1 CPC – Atilio v. Mbowe test (prima facie case, irreparable loss, balance of convenience) – maintenance of status quo pending land suit.
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18 December 2025 |
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Whether refusing a locus in quo visit rendered the tribunal's boundary decision unsafe in the applicant's land dispute.
Land law — locus in quo visit — discretion to visit, but necessary where boundaries/size are disputed — physical verification to resolve conflicting evidence — remittal for fresh determination.
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18 December 2025 |
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Prolonged illness established as sufficient good cause to extend time to file a notice of appeal after the original notice lapsed.
Civil procedure — Extension of time — Good cause — Prolonged illness as dominant cause — Notice of appeal lapse under Court of Appeal Rules (Rule 90/91) — Alleged illegality not decided.
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18 December 2025 |
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Applicant failed to show good cause where alleged lost e‑filing was uncorroborated and delay not accounted for.
Extension of time – section 41(2) Land Disputes Courts Act – good cause – requirement to account for each day of delay – alleged loss of e‑filed appeal – necessity of affidavits from persons with direct knowledge – hearsay inadmissible where facts are within another's knowledge.
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17 December 2025 |
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17 December 2025 |
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A respondent’s contradictory pleaded and testified modes of title (gift versus inheritance) can defeat a land claim.
Land law – Pleadings – Departure between pleaded mode of acquisition (gift) and testimony (inheritance) – Parties bound by pleadings; inconsistent evidence to be ignored – Proof of title on balance of probabilities – Procedural irregularities and res judicata raised but not determined.
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17 December 2025 |
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Whether limitation for recovering a deceased's land accrues at death depends on possession and entitlement at death.
Land law — Limitation of actions — Law of Limitation Act s.9(1) — Accrual of action for recovery of deceased's land — requirement that deceased was in possession and last entitled at death — premature suo motu determination of limitation on pleadings — remittance for hearing on merits.
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17 December 2025 |
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Lower tribunals upheld where respondent's corroborated evidence and reconciliation minutes outweighed appellant's unsubstantiated sale agreement.
Land law — pecuniary jurisdiction of Ward Tribunal; limitation and adverse possession — 12-year rule; admissibility and weight of documentary evidence (photocopy, unexplained original, translation requirement); weight of oral evidence and reconciliation minutes as admissions.
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17 December 2025 |
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Insufficient description of land in pleadings renders proceedings a nullity; matter remitted for fresh hearing.
Land law – Pleadings in land suits – Requirement to adequately describe location, boundaries, size and neighbours – Failure to identify land renders proceedings a nullity – Locus in quo visit cannot cure nonexistent description – Remedy: revision, quashing of decision and retrial.
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16 December 2025 |
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Interlocutory injunction granted to preserve disputed plantation pending trial due to prima facie case and risk of irreparable harm.
Land law – Temporary/interlocutory injunction – Prima facie case – Irreparable injury from destruction of plantations/crops – Balance of convenience – Preservation of status quo against unsupported communal reliance.
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16 December 2025 |
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Prior tribunal finding that land belonged to the deceased precludes a vendor without title from validly selling it; heir has locus standi.
Property law – nemo dat quod non habet; effect of prior tribunal/matrimonial finding on subsequent sale; locus standi of heirs to protect deceased estate; appropriate remedy for non-parties (revision) versus new suit.
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16 December 2025 |
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Proved illness (medical evidence) constituted sufficient cause to extend time to file an appeal.
Extension of time – Land Disputes Courts Act s.41(2) – sufficient cause – illness supported by medical receipts as ground for enlargement – unopposed affidavit/counter-affidavit absence – discretion of the court guided by promptness and diligence (Tanga Cement, Hyansitha Malisa, Jacob Shija).
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16 December 2025 |
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Appeal dismissed: appellate court refused new issues, upheld tribunal's evaluation and lawful departure from assessors' opinion.
Appeal procedure – appellate court will not consider issues not raised or decided below; Land disputes – assessors' opinion and lawful departure by chairman; evaluation of evidence in land ownership disputes; locus standi and probate jurisdiction (not raised at trial).
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16 December 2025 |
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Dismissal under regulation 15(a) was improper after reassignment without notice; the applicant’s case is restored.
Land procedure – Dismissal for want of prosecution – Proper application of Regulations: reg 15(a) (three months non-attendance) vs reg 11(b) (single unexplained absence) – Reassignment of presiding officer – duty to inform parties or adjourn – restoration of dismissed proceedings.
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16 December 2025 |
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Appeal allowed because tribunal failed to inspect locus in quo amid boundary disputes, causing prejudice to the appellant.
Land law — Boundary disputes — Conflicting evidence on physical boundaries — Inspection of locus in quo essential where uncertainty exists — Trial tribunal erred in deciding wrong issue; remittal for fresh judgment.
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16 December 2025 |
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The applicant’s right to be heard was denied by failure to join the Attorney General, rendering the tribunal's judgment void.
Civil procedure – revision – necessity to implead Attorney General after Written Laws (Misc. Amendments) Act, 2020 – right to be heard – jurisdiction of subordinate tribunal in suits involving government/local government – nullity of proceedings for failure to join necessary party.
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15 December 2025 |
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An open‑ended amendment in land tribunal proceedings that introduces new title facts is invalid and vitiates subsequent proceedings.
Land law – Amendment of pleadings before District Land and Housing Tribunal – Regulation 16 GN No. 174/2003 v. Order VI r.17 CPC – s.55(2) Land Disputes Courts Act – open‑ended amendment invalid – irregular amendment introducing new title facts fatal – retrial ordered.
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15 December 2025 |
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Court allowed rectification under s.106 CPC, correcting parties and inserting omitted decretal interest.
Civil Procedure — s.106 CPC — Correction of clerical/arithmetical mistakes in judgment and decree — Permissible at any time unless execution complete — Rectification of parties and addition of omitted decretal interest — Procedure by separate order.
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15 December 2025 |
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Ex‑parte hearing without proper service and faulty locus‑in‑quo procedure breached the right to be heard; retrial ordered.
Natural justice – Right to be heard – Ex‑parte hearing without proof of service – Locus in quo procedure – Nullity of proceedings – Remedy: retrial before different chairman and new assessors.
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15 December 2025 |
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Appellate court found tribunal wrongly discredited a family witness and declared the appellant owner on balance of probabilities.
Land law – proof of title – credibility of witnesses – family witnesses admissible; tribunal must show cogent evidence of bias before rejecting relatives’ evidence – appellate re‑evaluation where defence evidence inconsistent – ownership established on balance of probabilities.
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15 December 2025 |
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Change of assessors not fatal; sale of disputed clan land upheld where clan head authorised and ownership proven.
Civil procedure — Assessors — change and tenure expiry — prejudice test; Land law — clan land — validity of sale — clan head's authorization; Evidence — burden of proof and reliability of oral testimony.
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15 December 2025 |
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Failure to describe the suit land was curable; court allowed amendment and remitted the matter for rehearing.
Civil procedure – Amendment of pleadings – Order VI Rule 17 CPC – Amendment allowed at any stage to determine real questions in controversy; failure to describe suit land curable by amendment; improper to strike out for curable defect.
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15 December 2025 |
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Tribunal’s suo motu finding on jurisdiction without hearing parties breached natural justice; ruling quashed and matter remitted.
Land law — Tribunal competence and jurisdiction — Non-joinder of allocating authority raised suo motu — Right to be heard (audi alteram partem) — Procedural fairness — Quashing and remittal of tribunal ruling. |
15 December 2025 |
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Vacant possession without payment of decretal rent arrears does not conclude execution; tribunal should reopen or hear fresh execution application.
Land law — Execution of decrees — Execution not complete until decree holder realizes rights — Vacant possession does not discharge monetary decretal claims — Functus officio and res judicata principles — Reopening execution or entertaining fresh execution application.
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15 December 2025 |
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Acquittal where dying declarations and recognition evidence were unreliable and prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – murder – dying declaration (oral and written) – admissibility and reliability; identification by recognition – requirements for watertight recognition and caution where contradictions exist; burden of proof beyond reasonable doubt; weight of medical/post‑mortem evidence.
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15 December 2025 |
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Applicant failed to prove root of title and unpleaded trial assertions were disregarded; appeal dismissed.
Land law — ownership dispute — burden of proof on alleging party — requirement to prove root/source of title — evidence cannot introduce unpleaded facts at trial — credibility and weight of evidence (Hemed Said principle).
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15 December 2025 |
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Appellant failed to plead and prove the precise location and ownership of the claimed land; appeal dismissed with costs.
Land law – pleadings and locus in quo – parties bound by pleadings – evidence inconsistent with pleadings to be ignored – burden of proof on claimant – balance of probabilities – adverse inference and witnesses.
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15 December 2025 |
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Bill of costs filed after the 60‑day statutory limit without extension divests taxing officer of jurisdiction; taxation quashed.
Advocates Remuneration Order 2015 — Order 4 — 60‑day limit to file bill of costs — mandatory time limit — jurisdictional effect of late filing — “costs to follow the event” does not extend filing period — taxation proceedings nullity.
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12 December 2025 |
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Failure to plead or prove the suit land's size rendered the respondent's decree inexecutable, justifying setting aside the judgment.
Land law – requirement to describe suit land (location, boundaries and size) in pleadings or by evidence – failure to plead/prove size renders decree inexecutable – miscarriage of justice – nullification and quashing of judgment; parties may re-litigate afresh.
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12 December 2025 |
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Conviction quashed where prosecution relied on an expunged witness statement and failed to call a material witness.
Evidence — Documentary exhibits — s34B witness statements must be read out after admission; failure renders them inadmissible. Evidence — Failure to call a material witness — adverse inference under s122 Evidence Act. Criminal law — Use of document intended to mislead principal (PCCB Act s22) — prosecution must prove falsity and intent beyond reasonable doubt. Authorship disputes go to weight not admissibility; handwriting expert not essential for admissibility.
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12 December 2025 |
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Ward tribunals now only mediate; absence of valid mediation certificate deprived the tribunal of jurisdiction and proceedings were quashed.
Land law – Ward tribunal limited to mediation since 11.10.2021 – Certificate of mediation required for DLHT jurisdiction – Ward tribunal exceeding mediation (hearing evidence and deciding) invalidates certificate – Revision: may be initiated by party or court; interlocutory rulings not revisable unless finally determine matter (CPC s.89(2)) – Suo motu revisional powers.
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12 December 2025 |
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Irregular locus in quo visit (absence of advocate, new witnesses, unread notes) vitiated proceedings and warranted nullification and remittal.
Land law – locus in quo visit – procedural requirements for locus visits (attendance of parties/advocates/witnesses, recording and reading of notes on resumption) – allowing new witnesses at locus and failing to read notes vitiates proceedings – s.47(1)(b) Land Disputes Courts Act – remittal for fresh proceedings.
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12 December 2025 |
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Appellate court upheld ownership and trespass findings, set aside unsupported TZS 25,000 tree compensation, each party bears own costs.
Land law – sufficiency of pleadings and Form No.1 in land disputes – locus in quo visits not mandatory absent exceptional circumstances – assessors' opinions and judicial reasons – costs follow the event – compensation for cut trees requires evidence of number, value and loss – weight of evidence in ownership disputes. |
12 December 2025 |
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Primary court's admission of a deed after closure was not fatal where signature comparison and party admissions established genuineness; appeal dismissed.
Probate — Admissibility of document after close of proceedings; re-opening of proceedings; right to be heard and cross-examination; proof of forgery in civil cases — comparison of signatures and party admissions; Magistrates' Courts Act s.37(2) — procedural irregularities not fatal absent miscarriage of justice.
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11 December 2025 |
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Prima facie dispute found but failure to prove irreparable harm and favorable balance of convenience, injunction refused.
Civil procedure — Interlocutory injunction — Atilio v Mbowe test — prima facie case; irreparable harm; balance of convenience — particularity required in affidavit evidence — public interest and contractual obligations as considerations against injunction.
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11 December 2025 |
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Proceedings nullified for improper ward tribunal composition, assessor irregularities, and unlawful appellate locus visit.
Ward Tribunal composition – secretary not a member; requirement of minimum four elected members; appellate procedure – assessors must give opinions and opinions must be read; appellate tribunal lacks mandate to visit locus in quo; procedural irregularities vitiate proceedings; remedy: quash and allow fresh filing. |
11 December 2025 |
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Where boundaries are disputed, a court must inspect the locus in quo; size of unsurveyed land need not be pleaded.
Land law – sufficiency of description of suit land (location/neighbours v. size) – burden of proof on balance of probabilities – locus in quo inspection necessary where boundaries or physical features are in dispute – failure to inspect can occasion miscarriage of justice – remittal for fresh judgment.
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11 December 2025 |
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Murder conviction based on reliable child recognition, corroboration and flight; mandatory death sentence imposed.
Criminal law – Murder – Elements of murder – Competent child witness – Recognition evidence – Corroborative circumstantial evidence – Flight as consciousness of guilt – Alibi notice and failure to corroborate – Malice aforethought inferred from injuries.
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11 December 2025 |
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Applicant failed to prove execution exceeded the decreed land; appeal dismissed.
Land execution — Alleged excess of execution beyond decree — Burden of proof on person alleging trespass — Role of ward tribunal sketch map and locus visit — Effect of commitment/handing-over letter and presence/signature at execution — Appellate review of factual findings and credibility assessments.
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10 December 2025 |
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Prisoner’s transfer and custodial restraints, coupled with timely notice to appeal, constituted good cause to extend time to file the appeal.
Criminal procedure – extension of time to file appeal under s.382(2) CPA – good cause – transfer of prisoner and custodial restraint as good cause – lodging notice of intention to appeal within ten days – prejudice to respondent.
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8 December 2025 |
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Application struck out for non-compliance with rule 24(2): notice not signed by the applicants.
Labour Court Rules — Rule 24(2) — Notice of application must be signed by the party/parties — Advocate not a party; signature defects render application incompetent — Affidavit by advocate permissible; party particulars requirement.
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8 December 2025 |
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The respondent proved ownership on balance of probabilities; the appellant's documentary and oral evidence were unreliable.
Land dispute – burden of proof on balance of probabilities; credibility of oral witnesses; authenticity of sale agreements and signatures; effect of deviation from pleadings; necessity of village council blessings in disputed disposals.
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8 December 2025 |
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Applicant's appeal dismissed for failure to prove forgery or trespass; appeal against third respondent time‑barred.
Land law – trespass/encroachment; burden of proof in civil cases; allegations of forgery/fraud must be specifically pleaded and strictly proved; locus in quo inspection and measurements admissible and material; appeal time‑barred where interlocutory decision finally disposes of parties' dispute; res judicata/interlocutory decision effect.
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8 December 2025 |
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Failure to describe the suit land renders proceedings null and deprives the tribunal of jurisdiction.
Land law — Pleadings — Description of immovable property — Order VII r.3 CPC; Regulation 3(2)(b) Land Disputes Courts Regulations — Failure to describe un-surveyed land — Nullity of proceedings — Lack of jurisdiction — Burden of proof.
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5 December 2025 |
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Appellant’s written disposition proved ownership; appellate court quashed tribunal judgment and declared appellant lawful owner.
Land law — proof of ownership — written disposition vs oral customary gift — burden of proof on balance of probabilities — weight of documentary evidence (Exhibit A1) — adverse inference for non‑called witnesses not warranted — appellate re‑evaluation of credibility and locus in quo evidence.
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5 December 2025 |