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Citation
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Judgment date
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| September 2012 |
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Respondent’s sale agreement and witness proof established title; appellants’ cultivation and unclear possession failed to defeat it.
Land law – proof of title – sale agreement and vendor’s testimony as evidence of ownership; adverse possession/occupation and mere cultivation by alleged trespassers insufficient to displace title; res judicata/contention of prior tribunal determination.
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18 September 2012 |
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High Court: setting aside an ex parte judgment nullifies unprocedural execution; District Court had jurisdiction and should have dismissed, not struck out, the application.
Civil procedure – jurisdiction of trial court after High Court revision; effect of setting aside ex parte judgment on execution and sale; necessity of lawful execution procedure (order for sale and notice); distinction between striking out and dismissal where matter disposed on merits.
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4 September 2012 |
| August 2012 |
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Impoundment held unlawful; claimant failed to prove number/value of missing goats; damages reduced and specific award quashed.
Tort — unlawful seizure/impoundment of livestock; proof of number and value of seized animals; burden of proof under s.110 Evidence Act; adequacy of procedural safeguards and record-keeping in municipal impoundment operations; assessment and reduction of excessive general damages.
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21 August 2012 |
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Omission of a company's (or principal officer's) signature on pleadings renders the suit incompetent and liable to be struck out.
Civil Procedure — Preliminary objection — distinction between questions of law and matters of evidence; Company litigation — authorisation of advocate to sue — evidentiary issue, not preliminary law point; Pleadings — Order VI Rules 14 & 15 — requirement that pleadings be signed and verified by party/principal officer as well as advocate; Advocate cannot sign pleadings in dual capacity as advocate and authorised agent; Failure to have party/principal officer's signature renders suit incompetent and liable to be struck out.
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16 August 2012 |
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An unfinished building does not prove title; adverse possession requires uninterrupted possession and clear documentary proof.
* Land law – proof of ownership – necessity of title, allocation documents or clear evidence from Land Office
* Adverse possession – requires long, uninterrupted possession; prior litigation interrupts acquisitive prescription
* Evidence – ambiguous offer letters and weak witness testimony insufficient to establish ownership
* Credibility – related witnesses may be admitted; court may assess credibility and relevance
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7 August 2012 |
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Appeal dismissed: witness evidence of family allocation established respondent's ownership; each party bears own costs.
Land law – family division of land – allocation among children – evidential weight of boundary-marker's testimony and sibling corroboration – appellate review of Ward Tribunal decision – costs between relatives.
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7 August 2012 |
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Appeal dismissed: title had been previously passed and respondent's inheritance claim was upheld.
Land law – inheritance and succession – validity of inheritance where earlier title allegedly held by a borrower; proof of transfer and possession; locus in quo inspection and procedural fairness; appellate review of tribunal findings.
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4 August 2012 |
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Extension of time refused where applicant failed to show sufficient cause and lay status did not excuse rule non‑compliance.
Extension of time – application for leave to appeal – requirement to show sufficient cause – lay litigant not excused from compliance with limitation rules – review application time‑barred under Rule 3, Part III Schedule to the Law of Limitation Act.
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3 August 2012 |
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Second appellate court upheld concurrent factual findings, dismissing appeal for failure to rebut neighbours’ impression and explain family ownership.
Land law – ownership dispute – evidence and credibility of neighbours; Appellate review – concurrent findings of fact and miscarriage of justice; Non-joinder – effect when alleged prior owner central to dispute; Evidence Act s.110 – duty to explain adverse impressions about ownership.
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2 August 2012 |
| July 2012 |
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Tribunal lacked jurisdiction to appoint an administrator; administrator’s unauthorised transfer of estate property is invalid.
* Land law – jurisdiction of Land Tribunal – appointment of administrators is a probate/ordinary court function, not within Land Tribunal’s jurisdiction.
* Probate and administration of estates – duties of administrator – must act for beneficiaries, consult them and must not derive personal pecuniary benefit.
* Transfer of estate property by administrator without beneficiaries’ consent – invalid.
* Civil procedure – High Court’s revisional powers under section 43(1)(b) to rectify Tribunal’s jurisdictional error.
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10 July 2012 |
| June 2012 |
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Appellate tribunal may rely on ward record; appellant failed to prove allocation or administration; appeal dismissed with costs.
* Land law – Appeal procedure – First appellate tribunal ordinarily confined to ward tribunal record; no duty to call witnesses or visit locus in quo absent exceptional circumstances. * Evidence – Burden and weight of evidence on customary/allocative claims; lack of documentary proof and failure to call witnesses at primary forum undermines claim. * Civil procedure – Appellate review standards and deference to lower tribunal findings.
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19 June 2012 |
| May 2012 |
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Failure to prosecute a halted land claim renders it time-barred; proceedings founded on it are void and an appeal is incompetent.
* Land law – possession claim – statute of limitations – claim halted in Primary Court but not prosecuted – time-bar barred. * Civil procedure – Order XVII Rule 5 CPC (as amended) – duty to take steps within limitation period. * Jurisdictional/processing duty – parties must prosecute transfers; courts do not act as litigants. * Effect of limitation – proceedings based on time-barred claim are void; appeal incompetent.
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31 May 2012 |
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Identification and weapon linkage were insufficient; circumstantial evidence failed to prove murder beyond reasonable doubt.
* Criminal law – murder – circumstantial evidence – need for an unbroken chain of inference to prove guilt beyond reasonable doubt. * Identification evidence – Waziri Aman test; factors (time under observation, distance, lighting, prior acquaintance) and requirement to eliminate possibilities of mistaken identity. * Evidential procedure – non-production of police/J.P. statements undermines credibility and consistency. * Exhibits – weapon identification and requirement for distinctive marks or corroboration to prove ownership. * Role of assessors – advisory; judge must independently evaluate sufficiency of evidence.
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28 May 2012 |
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Written loan agreement fixing Tshs.42,000/= and 52 dumla repayment controls; appellate lump-sum interest award without liquidated principal set aside.
Civil procedure – appeal – second appeal – concurrent findings of fact based on admission and written agreement – limits to interference. Contract/loan – quantum – written agreement fixing principal (Tshs.42,000/=) and in-kind repayment (52 dumla of coffee) governs. Interest – cannot be awarded where principal is unliquidated or unspecified.
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15 May 2012 |
| April 2012 |
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Delayed communication of a revision order justified a 30‑day extension to file appeal; technical affidavit defects not fatal.
Civil procedure – Extension of time to file appeal – Delay in communication of impugned revision order constitutes sufficient grounds – Requirement that each deponent swear own affidavit (Order XIX r.3(1)) – District Court may proceed in absence of parties under s.34(3) Magistrates' Courts Act – Substantive justice over technical defects.
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17 April 2012 |
| March 2012 |
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Appellant's tort claim dismissed for lack of authority to represent victims and being time-barred for house damage.
Tort—locus to sue on behalf of others; Limitation—tort actions under Law of Limitation Act Cap 89 RE 2002 s.6 (Part I) to be brought within three years; Evidence—ex parte proceedings do not relieve claimant of proof and valuation evidence required to establish quantum of property damage.
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27 March 2012 |
| February 2012 |
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Customary occupiers entitled to compensation for unexhausted improvements despite river-buffer reservation.
* Land law – customary tenure and long possession – occupants entitled to compensation for unexhausted improvements.
* Environmental law – river buffer/reserved water-source (60-metre rule) restricts activities but does not negate compensation for acquisition.
* Administrative act of acquisition without payment – unlawful and illegal where compensation due.
* Relief – order for valuation at current rates (annexure P1 basis) and payment of compensation; costs awarded.
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23 February 2012 |
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Affidavit containing prayers is incompetent and struck out; purchaser is a proper party and Attorney General not a necessary party.
Civil procedure – Affidavit – affidavit must state facts and not contain prayers or legal argument (Order XIX r.3) – defective affidavit struck out; Government Proceedings Act – 90-day notice to sue the government – appropriateness of parties – Attorney General not necessary where Administrator General is appointed; bona fide purchaser at auction is a proper party to property dispute.
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23 February 2012 |
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Challenge to a loan document’s genuineness failed where signature comparison and witness corroboration supported the respondent.
Civil procedure – contract/loan dispute – genuineness of document (Exhibit P1) – signature comparison and witness corroboration – weight of evidence; failure to call a magistrate witness not fatal where evidence is otherwise credible.
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21 February 2012 |