|
Citation
|
Judgment date
|
| February 2013 |
|
|
Court found the applicant disclosed a cause of action and remitted the matter for merits hearing; striking out was improper.
Cause of action — disclosure; Cause of action — question of fact; Tenancy — oral or implied tenancy; Pleadings — non-disclosure vs merits; Striking out — inappropriate where factual issues require hearing; Remittal to different chairman.
|
28 February 2013 |
|
Appellant's unsupported oral claim failed; documentary evidence and locus inspection supported respondent's ownership.
Land law — ownership dispute; evaluation of evidence — uncorroborated oral claims contrasted with documentary exhibits and independent witness testimony; locus in quo visit — appellate restraint where findings are supported by evidence.
|
28 February 2013 |
|
Appellant failed to prove land ownership; court upheld lower courts’ factual findings based on documents, witnesses and locus inspection.
Land dispute – ownership – burden of proof on balance of probabilities – evaluation of documentary and witness evidence – weight of locus in quo inspection – appellate review of factual findings.
|
28 February 2013 |
|
Extension refused for delay caused by counsel’s negligence; parallel leave-to-appeal application struck out as abuse of process.
Civil procedure – extension of time – section 14(1) Law of Limitation Act – applicant must show sufficient cause for each day of delay; advocate’s negligence not good cause. Civil procedure – dismissal for want of prosecution – Order IX Rule 8, duty of plaintiff to follow up file and demonstrate diligence. Appellate procedure – leave to appeal to Court of Appeal – requirement to seek leave within statutory time or apply for extension under Appellate Jurisdiction Act. Procedure – parallel proceedings and review applications – pursuing review in Court of Appeal while filing parallel High Court application is an abuse of process and renders application incompetent.
|
26 February 2013 |
|
The applicant purchaser of disputed land titles is a necessary intervenor and must be joined; pleadings to be amended.
Civil procedure – Intervention/joinder – Applicant purchaser of company assets with competing claim to certificates of title; necessary party to avoid multiplicity of suits; amendment of pleadings ordered; scheduling order amendment deferred.
|
25 February 2013 |
|
Objection proceedings misfiled under a transferee-execution provision are nullities; trial court must identify matrimonial assets from its record.
Civil procedure – execution – Order 21 r.24 Civil Procedure Code – applicability to transferee Court only – misapplication renders proceedings nullity. Matrimonial law – divorce decree ordering equal division – duty to identify matrimonial assets – failure to identify leaves issue undetermined. High Court powers – calling up record suo motu to direct trial court to determine issues left undecided from evidence on record.
|
21 February 2013 |
|
An expired temporary injunction cannot prevent eviction; the injunction-holder must apply for renewal to preserve status quo.
Land law – interim injunctions – duration and renewal of temporary injunctions under Order XXXVII Rules 2 & 3, Civil Procedure Code – lapse of injunction and duty to apply for extension – eviction after expiry of injunction; abuse of court process vs statutory limits on injunctions.
|
21 February 2013 |
|
Container terminal held liable for theft/damage; plaintiff awarded Tshs.50,000,000 and Tshs.30,000,000; demurrage dismissed.
• Carrier/terminal liability – theft and damage to containerised goods while in terminal custody – terminal held liable.
• Evidence – collection note and joint verification sufficient for inventory/verification; absence of receipts weakens valuation claim.
• Damages – compensatory and general damages awarded; punitive damages and contractual interest refused.
• Demurrage – demurrage counterclaim dismissed; release of undamaged goods ordered free of demurrage.
|
18 February 2013 |
|
Preliminary objection overruled: res judicata not established, plaint not incurably defective, court functus officio on statutory‑notice point.
Civil procedure — Preliminary objection; res judicata — requirements for applicability (same matter, same parties, competent court, final decision); pleadings — Order VI r.14 signature requirement — breach fatal only if miscarriage of justice; Government Proceedings Act s.6(2) — notice requirement; functus officio — re‑litigation of points already decided.
|
18 February 2013 |
|
|
17 February 2013 |
|
Applications were struck out: appeals from Primary Courts need a certificate on a point of law, and procedural defects or time‑bar render applications invalid.
Procedural law – appeals from Primary Courts require High Court certificate on point of law; non‑citation of enabling statutory provisions is fatal; extension to file notice of appeal does not permit out‑of‑time review; time‑bar and abuse of process grounds for striking out applications.
|
15 February 2013 |
|
High Court set aside lower tribunals' orders and allowed appellant to build a fence leaving a three‑foot public passage.
Land disputes – unsurveyed squatter area – necessity of locus in quo and practical solution to preserve access (uchochoro). Ward Tribunal function – secure peace and harmony; duty to mediate and consider oral agreements and local circumstances. Execution of tribunal orders – execution should not proceed where clear irregularities require revision. High Court – exercise of appellate and inherent powers to set aside lower tribunals' decisions and fashion equitable remedy.
|
15 February 2013 |
|
Allegations of fraudulent title acquisition preclude interim injunction preventing rectification of the land register.
Land law – temporary injunction – rectification of land register – allegations of fraud in acquisition of certificate of title – survey plan withdrawn – title void ab initio – suitability of interim relief.
|
14 February 2013 |
|
Court overruled objection and allowed revision where magistrate required contested sum as deposit, constituting material irregularity.
Revision — applicability of section 79(1) Civil Procedure Code; interlocutory vs final orders — section 43(2) Magistrates Courts Act; requirement to deposit contested amount as condition to appear — material irregularity and abuse of discretion; revisional jurisdiction where no appeal lies.
|
13 February 2013 |
|
Primary Courts lack jurisdiction over registered land ownership; failure to decide jurisdiction is an abdication of judicial duty.
Jurisdiction – Primary Courts – No jurisdiction over registered land ownership (Magistrates Courts Act s.18(1)); Land Act s.167 – allocation of land jurisdiction; Probate proceedings – limited to appointment of administrators and not conclusive on registered land ownership; Failure to decide jurisdiction – abdication of judicial duty; Remedy – quashing proceedings beyond jurisdiction.
|
13 February 2013 |
|
A Court of Appeal dismissal of a joinder application operates as res judicata, precluding the same High Court representative application.
Civil procedure – representative proceedings – joinder of representatives – effect of Court of Appeal dismissal of joinder application; res judicata vs subjudice; procedural dismissal for failure to file written submissions under Court of Appeal Rules.
|
8 February 2013 |
|
Defamatory complaints by the defendants caused the plaintiff's removal and entitle him to special and general damages.
Defamation/injurious falsehood – corporate complainants’ malicious communications to government officials – causation of suspension and removal of public officer – absence of privilege – award of special and general damages.
|
7 February 2013 |
|
Plaintiff offered sufficient evidence (testimony and letter) to require the defendant to answer; suit held competent.
Civil procedure — No case to answer — Test is whether plaintiff adduced sufficient evidence to put defendant to defence; oral testimony from managing director and contemporaneous letter held adequate. Competency objections (receivership; lack of board resolution) must be timely raised or will be dismissed if previously overruled. Court may consider late submissions in discretion.
|
6 February 2013 |
|
A defence filed beyond the mandatory extension is incompetent and may be expunged, enabling an ex parte hearing.
Civil procedure — pleadings — competence of written statement of defence — computation and extension of time under Order VIII r.1(2) CPC (as amended) — proviso limits total extension — late defence incompetent and expunged — ex parte proceedings under O. VIII r.14(2)(b).
|
5 February 2013 |
|
A court may strike opinion-based paragraphs from an affidavit but may permit status-quo injunctive relief alongside prerogative orders.
Administrative law – validity of supporting affidavits – Order XIX r.3 CPC – striking out opinionated paragraphs; Public law remedies – prerogative orders (certiorari, mandamus, prohibition) – permissibility of combining conservatory/private relief (maintenance of status quo) with public law remedies.
|
5 February 2013 |
|
Reported
A paragraph of the applicant's affidavit was struck for opinion without disclosed basis; courts may grant status‑quo relief with prerogative orders.
• Administrative law – prerogative orders – certiorari, mandamus, prohibition – permissibility of seeking injunctive/conservatory relief (maintenance of status quo) together with prerogative orders.
• Civil procedure – affidavits – Order XIX r.3 CPC – striking out affidavit material that states opinion without disclosure of basis.
• Newspapers Act – executive ban on publication – subject to judicial review by prerogative remedies.
|
5 February 2013 |
|
Court struck a defective paragraph from the applicant's affidavit and allowed status‑quo relief to be joined with prerogative orders.
Judicial review; Newspapers Act ban; affidavit requirements under Order XIX r.3 CPC — distinguishing facts from opinion; striking defective affidavit paragraphs; prerogative orders (certiorari, mandamus, prohibition) may be joined with conservatory/injunctive relief (status quo).
|
5 February 2013 |