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Citation
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Judgment date
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| April 2026 |
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Failure to plead and undertake bona fide pre‑action ADR under s.13 rendered the land suit incompetent and struck out.
Civil Procedure Code s.13 — mandatory pre‑action bona fide steps; statutory 90‑day Government Proceedings Act notice insufficient; jurisdictional objection; contractual ADR/mediation requirement; pure point of law on pleadings
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17 April 2026 |
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Affidavit by counsel lacked proper personal‑knowledge verification; material paragraphs expunged and application struck out.
Civil procedure — interlocutory injunction; affidavits — advocate deposing — personal knowledge, hearsay and verification — Order XIX r.3(1) — expunction of offensive paragraphs — striking out application
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15 April 2026 |
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Adjournment for late amendment and counterclaim refused for lack of sufficient cause and inordinate delay.
Civil procedure – Adjournment – Order XVII Rule 1 – sufficient cause and circumstances beyond control; Counterclaim – Order VIII Rule 9 – timing of counterclaims; Scheduling orders – departure; Court discretion to prevent backlog and sanction lack of diligence
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15 April 2026 |
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Court permitted ex-parte against absent defendant but granted extension for appearing defendant to file defence in land dispute.
Civil procedure — Written Statement of Defence — Order VIII R.1 & R.14 — Ex-parte proceedings — Section 105 CPC — Extension of time — Overriding objective — Land title and mortgage dispute — Failure to enter appearance
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15 April 2026 |
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A stated estimate of value and adequate property description suffice; no valuation report required at filing; objections overruled.
Land law — Pecuniary jurisdiction — Order VII r.1(i) CPC — Statement of estimated value required, valuation report not mandatory at filing; Order VII r.3 — description of immovable property; preliminary objections — evidence vs. jurisdictional pleading
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15 April 2026 |
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Whether a taxing officer may, in taxation, exercise discretion so that the one-sixth rule does not collapse the entire claimed costs.
Taxation of costs — Advocates Remuneration Order 2015 — Orders 12(1) and 48 — one-sixth rule — scope of taxing officer's discretion — taxation fixes quantum not entitlement — conflicting High Court authorities reconciled by preferring Encod Limited
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14 April 2026 |
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Tribunal's failure to determine a preliminary point of law warranted setting aside and remittal for proper determination.
Land law — Revision — Failure to determine preliminary objection on point of law — Tribunal erred by proceeding to merits; Written submissions — filing versus service — non-service does not automatically justify striking out; Order XIV r.2 CPC — issues of law to be decided before facts; Quashing and remittal
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14 April 2026 |
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A land suit seeking boundary recovery was struck out for failure to join indispensable land authorities, costs awarded.
Land law – Boundary disputes – Non‑joinder of necessary parties – Commissioner for Lands, municipal council (boundary recovery), and Registrar of Titles as indispensable parties – Failure to join land authorities fatal to suit – Suit struck out
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14 April 2026 |
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Court entered consent judgment enforcing a settlement resolving a mortgage dispute over matrimonial property.
Land law – mortgage and matrimonial property – deed of settlement recorded as consent judgment – enforcement on default; Order XII r.4 CPC
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2 April 2026 |
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Court recorded an out‑of‑court settlement as a consent judgment, enforcing mortgage repayment terms and sale-on-default powers.
Land law – mortgage – enforceability of deed of settlement – consent judgment under Order XII r.4 CPC – repayment schedule, interest waiver and capitalisation on default – bank’s right to sell mortgaged property on default – settlement deemed to discharge related proceedings
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2 April 2026 |
| March 2026 |
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Ex-parte ruling set aside where applicants showed good cause for non-appearance due to post-election lockdown and internet outage.
Setting aside ex-parte orders — good cause for non-appearance — public emergency/internet outage as excuse — right to be heard — uncontested affidavits — restoration and timetable
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31 March 2026 |
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Failure to prove mandatory 60‑day and 14‑day notices rendered the respondent's auction, eviction and transfer null and void.
Land law – mortgagee’s power of sale – mandatory 60‑day default notice under s.137 Land Act – proof of service required; Auctioneers Act – 14‑day public notice and publication; Non‑compliance vitiates sale; Service via local government office insufficient without proof; Microfinance Regulations – notice requirements
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31 March 2026 |
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Blank-plot sale agreement read with receipts and vendor admissions can support ownership; unexecuted provisional agreement and refunded payments defeat prior claim.
Land law – Sale agreement with deferred plot identification – Read with payment receipts and vendor’s admission it can support ownership; provisional/unexecuted agreement unenforceable; proof of payment and chain of title; relevance of criminal judgment and refund orders in civil proprietary dispute; burden of proof on balance of probabilities; locus to appeal re non-appealing necessary parties
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31 March 2026 |
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Res judicata cannot be raised as a preliminary objection if not pleaded; misjoinder of Registrar of Titles is not fatal.
Civil procedure – preliminary objection – res judicata – requirement that facts establishing res judicata be pleaded – Mukisa Biscuits test; Civil procedure – misjoinder of parties – Order I r.9 CPC – joinder of Registrar of Titles in respect of unregistered land not fatal to suit; Land law – applicability of Land Registration Act to unregistered land
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31 March 2026 |
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Whether administratrix proved deceased’s title and whether long occupation by appellants (invitees) established ownership via adverse possession.
Land law – proof of title; letters of administration not proof of ownership of specific land – Evidence – burden of proof vs onus of proof – Adverse possession/invitee rule – long occupation by invitee not conferring title – Administrative act (residential licence) treated as expired, not cancelled
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31 March 2026 |
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Attestation defects in witness statements sworn abroad are procedural and curable by amendment, not grounds for expungement or dismissal.
Civil procedure — admissibility of witness statements — attestation/jurat by foreign commissioner for oaths — procedural (jurat) defects curable by amendment — amendment preferred to expungement or dismissal; overriding objective; substantive justice
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31 March 2026 |
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Court granted 14-day extension to file appeal based on applicant's ill-health and prompt action despite advocate issues.
Extension of time – condonation – good cause – effect of litigant's ill-health and advocate's conduct – duty to follow up proceedings – exercise of judicial discretion
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31 March 2026 |
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Court granted 14‑day extension to file revision, noting 60‑day revision period and registry delays.
Civil procedure – Extension of time to file revision – Alleged illegality and delay in supply of ruling – Registry rejection of filing – Mandatory 60‑day period for revision – Discretionary grant of 14 days extension
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31 March 2026 |
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31 March 2026 |
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An expired caveat (one‑year limit under s.32(2)) is functus officio and may be removed under s.78(4) of the Land Registration Act.
Land law – Caveat – Effect and duration – A caveat is effective for one year under s.32(2) Registration of Documents Act; expiry renders it functus officio and removable under s.78(4) Land Registration Act – Nullified decree and pending appeals do not prevent removal of an expired caveat
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31 March 2026 |
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Suit by an administrator dismissed as time-barred, procedurally defective for not stating accrual/death date, and prematurely filed without pre-litigation steps.
Limitation of actions (land) — Item 22: 12-year limitation period; failure to plead statutory exemption; Order VII r.1(e) — duty to state when cause of action arose and date of death for administrators; Section 13 CPC — requirement to take bona fide pre-litigation steps; incompetence and dismissal for time-bar, defective Plaint, and prematurity
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30 March 2026 |
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High Court struck application out for abuse of process where the applicant had concurrent Court of Appeal applications.
Civil procedure — Jurisdiction — Preliminary objection — Concurrent applications — Abuse of court process ("riding two horses") — Withdrawal after objection — Incompetence and striking out with costs
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30 March 2026 |
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Non-compliance with Section 13 pre-action requirements renders a multi-defendant suit prematurely filed and incompetent.
Civil Procedure Code s13 — mandatory pre-action engagement with all intended defendants; failure to comply is a jurisdictional defect rendering the suit incompetent; preliminary objections on jurisdiction can be raised at any stage
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30 March 2026 |
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Tribunal rightly used a trial judgment as evidence; applicant failed to prove estate ownership, so appeal dismissed.
Land law – Admissibility and weight of a lower court’s judgment as evidence (Exhibit RE1) – Burden of proof in civil claims – Locus standi of estate administrator – Declaration of trespass – Appeal cannot raise new jurisdictional issues
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30 March 2026 |
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Unilateral omission of necessary parties from a derivative land application without leave renders the application incompetent and is struck out.
Civil procedure — derivative proceedings — misjoinder/non-joinder — necessity of leave to vary parties — Order I Rule 9 limits — right to be heard and authenticity of court records
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30 March 2026 |
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Plaintiff failed to prove title; land declared school property and 24 illegal bandas ordered demolished.
Land law – proof of title – burden of proof and admissible evidence; occupation and long use not determinative of ownership; hearsay and inconsistent oral testimony weaken claim; town planning drawings relevant to use but do not confer title; municipal planning regularization and amendment lawful; order to demolish illegal structures on public school land
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30 March 2026 |
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The plaintiff's land recovery suit filed after twelve years without pleading statutory exceptions is time-barred and dismissed.
Limitation of actions – recovery of land – Part I Item 22 Law of Limitation Act – accrual of cause of action – plaint and annexures as basis for preliminary objection – Order VII Rule 6 CPC – statutory exceptions (ss.20–23 LLA) not pleaded
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30 March 2026 |
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High Court lacked pecuniary jurisdiction over a possession suit valued at TZS 300,000,000; suit struck out with costs.
Land law — Pecuniary jurisdiction — District Land and Housing Tribunal threshold TZS 300,000,000 — Section 36(2)(a) Land Disputes Courts Act — Suit to be instituted in lowest competent court (s.16 CPC) — Non-joinder of necessary parties — Incompetent suits struck out; withdrawal inappropriate
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30 March 2026 |
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The plaintiff’s land recovery suit was time-barred; limitation accrued when plaintiff was denied possession in 2013.
:[
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30 March 2026 |
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Taxation may proceed despite an appeal, but failure to vacate an adjournment vitiates the taxation and requires remittal.
Refusal of stay – Taxation vs execution – Jurisdiction to tax despite pending appeal – Interference with taxation only where wrong principle or manifest excess – Ex parte proceedings and entitlement to costs – Procedural fairness: need to vacate or explain earlier adjournment – Remittal to different Taxing Master
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30 March 2026 |
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Application dismissed for want of prosecution after both parties failed to file ordered written submissions.
Civil procedure – Want of prosecution – Failure to file ordered written submissions amounts to want of prosecution
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30 March 2026 |
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Failure to identify land, omitted material witnesses, apparent bias and misrecording vitiated the tribunal's decision.
Land law — identification of subject land — boundaries and size must be ascertained; Failure to call material witness — adverse inference; Conflict of interest/nemo judex in causa sua — allocation of land by local leader to self taints claim; Misrecording and mis-evaluation of evidence — ground for quashing judgment
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30 March 2026 |
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Applicants failed to identify the land or prove irreparable harm; temporary injunction dismissed.
Civil procedure — Temporary injunction — ATILIO v Mbowe test — requirement of prima facie case, irreparable injury, balance of convenience; Order VII Rule 3 CPC — description of land — surveyed/registered village land — public land management
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30 March 2026 |
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Temporary injunction granted to prevent eviction and demolition where applicants raised triable equitable ownership issues.
Land law – Temporary injunction – prima facie case; irreparable injury where eviction/demolition threatens subject matter; balance of convenience; equitable interests (constructive trust, proprietary estoppel); struck out counter-affidavit and unchallenged evidence
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30 March 2026 |
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Extension granted where non‑party allegedly denied hearing; revision permitted despite procedural delay.
Extension of time – sufficient cause – illegality and denial of audi alteram partem – non‑party affected by decision entitled to seek revision – time spent pursuing defective proceedings may be excusable; Law of Limitation Act s.14(1)
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30 March 2026 |
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Appellant failed to prove title; certificate of regularization did not match disputed parcel, appeal dismissed.
Land law — proof of title: certificate of regularization must correspond to the parcel pleaded; mismatch undermines probative value; Pleading and evidence — cannot introduce new acquisition facts at testimony stage; Burden of proof — claimant must prove ownership on balance of probabilities; Gifts inter vivos — valid transfer during donor's lifetime may confer title independent of probate issues; Nemo dat — challenge to sale's validity is moot if claimant fails to establish superior title; Court record sanctity — alleged missing annexures insufficient to impeach tribunal record.
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28 March 2026 |
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Mediated Deed of Settlement recorded as consent judgment declaring a long-term lease and ordering lease registration; settlement final and enforceable.
Land Law – Consent judgment – Recording and adoption of mediated Deed of Settlement – Characterisation of transaction as long-term lease – Obligation to execute and register lease – Subdivision conversion and treatment of rent as purchase price – Finality and enforceability of settlement.
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27 March 2026 |
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Whether the applicant met the Atilio v Mbowe conditions for a temporary injunction over disputed land.
Land law – Temporary injunction – Atilio v Mbowe conditions – prima facie case, irreparable injury, balance of convenience – proof of payment – registered title weight
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27 March 2026 |
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Applicant established a triable issue but failed to prove irreparable harm or balance of convenience; injunction dismissed with costs.
Land law – interlocutory injunction – Atilio v Mbowe three‑fold test – affidavit evidence required; submissions not evidence – certificate of title prima facie evidence of ownership – procedural point on 90‑day notice inappropriate in interlocutory application
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27 March 2026 |
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Pre‑suit Mareva injunction granted to prevent demolition pending suit, on arguable possession and risk of irreparable harm.
Civil procedure — Mareva (pre‑suit) injunction — preservation of status quo pending statutory notice and suit — Atilio v. Mbowe criteria (prima facie case; irreparable harm; balance of convenience) — possession and long occupation v. registered certificate of title — imminent demolition as irreparable injury
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26 March 2026 |
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A land court lacks jurisdiction to decide tortious damages pleaded alongside land-title claims, warranting striking out the suit.
Land law — jurisdiction — mixed causes of action — declaratory and injunctive relief for land ownership vs. tortious damages — strike out for want of jurisdiction
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26 March 2026 |
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An interlocutory application was struck out because its supporting affidavit contained impermissible prayers, conclusions and arguments.
Civil procedure — Affidavit requirements — Order XIX Rule 3 CPC — Affidavits must state facts within deponent's knowledge, not prayers, conclusions or arguments — Expungement of defective paragraphs — Incurably defective affidavit warrants striking out interlocutory application — Costs awarded
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26 March 2026 |
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Appellant failed to prove ownership or trespass; tribunal wrongly declared respondent owner without a counterclaim.
Land law — Trespass and ownership — burden of proof under Evidence Act s.117(1); Insufficient description of unsurveyed land (size, neighbours, boundaries); Pleadings binding — evidence must support pleaded facts; Judicial relief — court cannot grant unpleaded relief (declaration of ownership quashed).
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26 March 2026 |
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Whether an ex parte land-tribunal judgment and execution affecting a non-party's land is void for want of jurisdiction.
Land law – jurisdiction of Land Tribunal – distinction between land dispute and breach of contract – sufficiency of land description – joinder/impleader of interested third parties – validity of ex parte judgments and consequent execution.
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26 March 2026 |
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Whether the plaintiff’s claim is barred by res judicata under section 11 of the CPC.
Civil procedure – Res judicata (section 11 CPC) – matters directly and substantially in issue – finality of prior judgment; Civil procedure – Mediation requirement (section 13 CPC) – non-retrospectivity; Functus officio; Merger and identity of parties (NCBA) – judicial notice for res judicata
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26 March 2026 |
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An appeal filed 12 years after judgment was struck out as time-barred where no proof of requesting judgment copies existed.
Limitation of actions – Appeals under Land Disputes Courts Act – 45‑day time limit – Law of Limitation Act s.19(2) exclusion for time obtaining judgment copies – requirement to prove written request – incompetence of appeal – struck out with costs
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26 March 2026 |
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Whether the respondent had locus standi and whether allegedly defective sale documents were admissible and proved ownership.
Locus standi – sufficiency of direct oral evidence to show legal interest; Documentary evidence – admissibility versus weight; Stamp Duty Act – non-stamping curable/waivable if not timely objected to; National Emblem Act – misuse of Coat of Arms penal but does not void document in evidence; Evaluation of evidence – appellate restraint on factual findings; Proof of ownership on balance of probabilities.
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26 March 2026 |
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Appellant failed to prove ownership; counterclaim set aside due to uncertain boundaries and lack of locus in quo.
Land law – proof of ownership – sale agreement void for lack of contractual capacity of purchaser (minor) – contradictions in evidence – first appellate court’s duty to re-evaluate evidence – counterclaim uncertainty due to differing descriptions and neighbours – necessity of locus in quo visit
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25 March 2026 |
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Tribunal properly extended time where respondent only learned of the ex‑parte judgment much later.
Extension of time – condonation – accounting for delay begins from date of awareness of judgment – service of summons disputed – hearsay and bias allegations dismissed
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25 March 2026 |
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Appellant failed to prove land ownership; probate allocation and insufficient evidence upheld, appeal dismissed.
Land law — proof of ownership — oral evidence versus documentary title; probate and administration — conclusiveness of estate allocation; name discrepancy on official search; evidentiary burden and balance of probabilities.
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25 March 2026 |