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7,153 judgments found.
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May 2026
Waqf donated to the Muslim community vested supervisory rights in the trustee; former imam's post‑termination occupation is trespass.
Land law
— Waqf — Effect of waqf: donation to community and supervisory/trustee rights of registered trustees — Necessity of specifying donee
— Trespass to land — Licence/permission to occupy — Trespass concerns interference with possession not title
6 May 2026
Applicant failed to prove material irregularity; dismissal for non-compliance with Tribunal order was proper.
Land law — Revision of District Land and Housing Tribunal proceedings — Whether material error involving injustice established under s47 Land Disputes Courts Act
Civil procedure — Compliance with court orders — Non-compliance attracts consequence of dismissal
Evidence — Affidavits relying on third-party information — requirement that the source of material information swear an affidavit
5 May 2026
An administratrix cannot demand return of a mortgaged title while the guaranteed loan remains unpaid.
Land law — Mortgage — Lender’s duty to discharge and return title upon repayment
Probate law — Administrator’s powers — Collection of assets, recovery of debts, and use of state assistance where heirs obstruct administration
Evidence — Civil standard (balance of probabilities) — Preponderance of evidence and assessment of witness credibility
5 May 2026
Illness alone insufficient; applicant's unexplained delays and lack of promptness justified refusal to enlarge time to appeal.
Civil procedure
— Enlargement of time to appeal — Whether sickness constitutes good cause for extension — Land Disputes Courts Act s 44(2)
— Delay — Requirement to act expeditiously and account for each day of delay — Bushiri principle and related authorities
5 May 2026
Whether interlocutory mareva/injunctive relief should preserve possession pending an adverse-possession claim.
Land law
— Interim injunction — Requirements: prima facie case, irreparable harm, balance of convenience — Atilio v Mbowe
— Adverse possession — Elements: actual, continuous, exclusive, hostile; inapplicability where occupation is permissive/invitee
— Abandonment — Distinction from adverse possession; statutory procedures for abandonment of right of occupancy
Civil procedure — Preservation of status quo — Effect of negotiations, offers and admissions on interlocutory relief
5 May 2026
Plaintiff failed to prove loan repayment; lawful auction sale upheld and suit dismissed, costs to plaintiff.
Land law — Sale of mortgaged property — Right of lender under mortgage agreement to sell on default — Compliance with Land Act s137 and Auctioneers Act s12(2)
Evidence
— Burden and standard of proof — Burden on party asserting repayment or statutory compliance — Evidence Act s117
— Written contract — Oral variation inadmissible to contradict written terms — Evidence Act s108
5 May 2026
Certificate of title established ownership and supported ex parte relief for trespass, eviction, injunction and damages.
Land law — trespass — removal of survey beacons — Remedies: eviction, injunction, restoration, damages
Evidence — Proof of title — Certificate of title as conclusive proof of ownership; standard of proof on balance of probabilities (s.117 Evidence Act)
Civil procedure — ex-parte proceedings — Proceeding under Order XVIII r.21(b) and Order XVII r.3 Civil Procedure Code
4 May 2026
Vendor's improper execution of transfer documents breached the sale agreement; buyer entitled to transfer, refund, damages and costs.
Land law — Sale of land — Transfer of ownership by purchase on payment of purchase price — Execution/signature requirements under Companies Act (two directors)
Evidence — Electronic evidence — Compliance with section 18 Electronic Transactions Act — Expunging inadmissible digital evidence
Contract law — Specific performance and rescission — Specific performance v alternative rescission/refund
4 May 2026
Delay in supplying certified judgment copies by the trial tribunal amounted to good cause to extend the applicant's time to appeal.
Land disputes — extension of time to appeal — Late supply of certified copy of judgment — Lyamuya guidelines
4 May 2026
April 2026
A land court lacks jurisdiction over contractual hire‑purchase fraud claims; inadequately pleaded counterclaim also struck out.
Land law — Jurisdiction — whether claim for unpaid purchase price under written sale agreement constitutes a land dispute or breach of contract — Land Act s177
Civil procedure — Counterclaim as cross‑suit — survivability of counterclaim where plaintiff's suit is struck out (including for want of jurisdiction) — Order VII particulars (description and value of immovable property)
Contract law — Rescission — Whether contractual remedies (rescission, refund, re‑execution) transform a commercial dispute into a land dispute
30 April 2026
Failure to object or cross‑examine a tendered partition agreement led the High Court to uphold its authenticity and declare the appellant lawful owner.
Land law — ownership dispute — admissibility and weight of evidence — Effect of failure to object or cross‑examine on authenticity
Appellate practice — Appellate jurisdiction — first appellate court’s power to receive additional evidence — Power to receive additional evidence under s.46 Land Disputes Courts Act (Cap 216)
Natural justice — Issue of court raising matters suo motu — Right to be heard (Article 13(6)(a))
30 April 2026
Failure to take mandatory pre‑litigation steps under s.13 CPC renders the suit premature and it was struck out with costs.
Civil procedure
— Pre-litigation ADR — Mandatory bona fide steps under section 13 Civil Procedure Code — Non-compliance renders suit premature and incompetent
— Preliminary objection — Suit struck out for failure to aver or undertake pre-action steps — Costs awarded
30 April 2026
Court granted the applicant extension to file a notice of appeal despite an unserved certified‑copy request and short delay.
Appellate practice — extension of time to file notice of appeal — Filing and service of notice of appeal and request for copies — Appellate Jurisdiction Act s 14(1), Court of Appeal Rules r 90(1)/(2)
30 April 2026
An interlocutory Tribunal ruling is not appealable under Regulation 22 GN 174/2003; appeal dismissed as premature.
Civil procedure — Appeals from orders — Interlocutory orders — Appealability of preliminary rulings of the District Land and Housing Tribunal — Regulation 22 GN 174/2003 proviso bars appeal
Land law — jurisdiction of DLHT — ward-tribunal mediation certificate — Whether failure to attach certificate ousts tribunal jurisdiction (s.13(4) Cap 216 R.E.2023)
Civil procedure — Admission of documents — requirements to annex and to serve exhibits under District Land and Housing Tribunal Regulations Right to fair hearing — Regulation 10(1),(2) GN 174/2003
30 April 2026
Court reduced respondent's taxed costs after applicant challenged excessive instruction and attendance fees.
Civil procedure
— Taxation of costs — Review of taxing master’s discretion — Advocates Remuneration Order, G.N. No. 263 of 2015
— Withdrawal with leave to re-file — Recoverability and proportionality of instruction and attendance fees — Advocates Remuneration Order, G.N. No. 263 of 2015
30 April 2026
Financial incapacity and prior timely filing with leave to withdraw constituted good cause for an extension of appeal time.
Civil procedure — Extension of time to appeal — Withdrawal of appeal with liberty to refile — Application of Lyamuya principles
Land law — Appeal time limits — Application for extension of time — Requirement to account for delay
30 April 2026
Caveat removed: caveator lacked interest and an unrenewed statutory caveat expired after one year.
Land law
— Section 78(4) power to summon caveator and remove caveat — Bona fide purchaser invoking removal of caveat — Land Registration Act s78(4)
— Caveat — Effect and duration — Registration of Documents Act s32
Civil procedure — Res judicata — res judicata/functus officio
30 April 2026
A registered certificate of occupancy confirms ownership; a land court cannot order estate distribution reserved for probate administration.
Land law — registered title as conclusive proof of ownership — Person named on certificate presumed lawful owner unless certificate unlawfully obtained
Probate law — Administration of estates — Court should not assume administrator's role — Distribution of estate is a probate/administration function for administratrices/probate forum
30 April 2026
Failure to prove service of the statutory 90‑day notice under s6(2) rendered the suit against government incompetent.
Civil procedure
— Government proceedings — statutory 90‑day notice and proof of service — Non‑compliance renders proceedings incompetent
— Preliminary objections — court may inspect plaint and annexures when ruling on preliminary objections — Mukisa Biscuit principle
29 April 2026
Appellate court reversed the tribunal: respondent failed to prove ownership; burden improperly shifted; access ban lifted.
Land law — Ownership and title — Weight of certificates of occupancy, offers and building permits as proof of lawful ownership — Effect of minority on validity of acquisition contracts — Law of Contract Act s.11
29 April 2026
Applicant granted a further extension to file a revision after his initially timely revision was struck out on technical grounds.
Civil procedure
— Extension of time — Technical delay where an original revision was timely filed but struck out for procedural defects — Civil Procedure Code s103
— Unopposed application — Effect of respondents' non-appearance on hearing and costs
29 April 2026
A land recovery claim by an administrator was time‑barred; the tribunal lacked jurisdiction to decide the merits.
Land law — Limitation — Accrual of cause of action where deceased was in possession — s.9(1) Law of Limitation Act
Civil procedure
— Computation of limitation — Period spent prosecuting related proceedings excluded (probate/administration) — s.25(1) Law of Limitation Act
— Jurisdiction — Time limitation goes to jurisdiction — Effect of time‑bar on tribunal’s competence to determine merits
29 April 2026
Failure to have assessors' written opinions read before judgment vitiates that judgment and requires remittal for fresh decision.
Land law — District land and housing tribunal assessors — Assessors must give written opinions before judgment — Land Disputes Courts Act s.23(2) and Reg.19(2) GN 174/2003
Civil procedure — Assessors’ opinions — Assessors must give written opinion and be read to parties (s.23, Reg.19) — Land Disputes Courts Act s.23(2) and Reg.19(2) GN 174/2003
29 April 2026
Review application struck out because order vacating court witness was interlocutory and not reviewable under section 88(2).
Civil procedure
— Review — Review not competent against preliminary or interlocutory orders unless they finally determine the suit — Competence under section 88(2) Civil Procedure Code
— Interlocutory orders — Order vacating summons of court witness — Whether finalizes suit
29 April 2026
The plaintiff proved a 178 sqm encroachment; defendants ordered to pay mesne profits and counterclaim dismissed.
Land law — Boundary demarcation — Proof of title/drawing plan and effect on encroachment
28 April 2026
High Court held subsequent land suit barred by res judicata where same parties, title, and substantially same issue (trespass).
Land law — Res judicata — Whether matter directly and substantially in issue in former suit under section 9 Civil Procedure Code — Civil Procedure Code s 9
Civil procedure — Preliminary objections — Conditions for res judicata and requirement that cause of action need not be identical
28 April 2026
A tribunal raising functus officio suo motu must hear the parties; failure to do so renders its judgment a nullity.
Civil procedure
— Jurisdiction — Functus officio — Duty to afford parties opportunity to be heard; constitutional right to fair hearing (Art.13(6)(a)); Civil Procedure Code s.105
— Preliminary objection on limitation — Whether limitation points requiring scrutiny of trial evidence are pure points of law — Law of Limitation Act
28 April 2026
Court nullified tribunal proceedings and quashed its decision for defective description of the disputed land under s.47.
Land law — description of immovable property — Requirement to specify size and boundaries in pleadings — Order VII r 3 CPC
Civil procedure — competence of tribunal — uncertainty of subject matter renders proceedings incompetent and decree inexecutable — Land Disputes Courts Act s 47
28 April 2026
28 April 2026
Court granted leave to institute a representative suit for 118 persons under Order I Rule 8 CPC.
Civil procedure — Representative suits
— Leave to sue on behalf of numerous persons — Order I r.8 CPC
— Prerequisites for granting leave — Common interest
— Requirement of prior leave under Order 1 Rule 8 CPC — Order I Rule 8 CPC
28 April 2026
Court granted the applicant leave to sue representatively for 118 persons under Order 1 Rule 8, no costs.
Civil procedure — Representative suits
— Leave to sue on behalf of numerous persons — Order I Rule 8 CPC
— prerequisites for granting leave
Civil procedure — Costs — no order as to costs
28 April 2026
Disallowance exceeding one‑sixth of a bill forfeits the party's entitlement to costs of taxation.
Civil procedure
— Taxation of costs — One‑sixth rule — Advocates Remuneration Order GN. No. 263 of 2015
— Bill of Costs — Consequence where disallowed portion exceeds one‑sixth — Order 48 Advocates Remuneration Order GN. No. 263/2015
27 April 2026
A borrower’s criminal conviction for false pretence does not automatically invalidate the loan, mortgage, or guarantor’s liability.
Contract law — Misrepresentation — Whether a criminal conviction for obtaining credit by false pretense renders a loan and mortgage void — Law of Contract Act s.19(1)
Land law — Mortgage enforcement — Lawfulness of sale and disposition of mortgaged property
Criminal procedure — Mitigation — Mitigation statements in criminal proceedings are not enforceable civil orders
27 April 2026
Failure to plead bona fide pre-action steps under section 13 CPC renders a land suit incompetent and liable to be struck out.
Civil procedure
— Inherent jurisdiction — Section 105 CPC inapplicable where statutory jurisdictional prerequisites are unmet
— Pleading — Annexures and written submissions cannot substitute for express pleading of jurisdictional facts
— Pre-action requirements — Section 13 CPC — Pleading of bona fide pre-action steps as jurisdictional condition
27 April 2026
References against a Taxing Master’s decision were dismissed as time‑barred; exclusion of time to obtain copies requires cogent evidence.
Civil procedure
— Taxation reference — Time limit under Advocate Remuneration Order 2015 (Order 7(2)) — Competence and time‑bar
— Limitation — Computation of time — Law of Limitation Act s.19(2) (exclusion of time to obtain certified copies)
27 April 2026
Appellate court upheld ownership finding: respondent proved title; appellant failed to discharge burden, appeal dismissed.
Land law — sufficiency of description of immovable property — Identification of immovable property and avoidance of mistaken identity — Order VII r.3 CPC
Evidence
— Hearsay — Weight and admissibility where primary witnesses provide direct evidence but other witnesses' accounts are hearsay and doubtful — Evidence Act s.67(1)(a)
— Failure to call material witnesses — adverse inference for failure to call material witnesses — Burden of proof in civil claims
27 April 2026
Failure to notify the appellant of a boundary resurvey rendered the survey and tribunal decision null; appeal allowed with costs.
Land law — Boundary recovery and survey — Procedural irregularity renders survey unlawful — Land Survey Act, Cap 324 R.E. 2023
Civil procedure — Re-evaluation of evidence by first appellate court — Power to substitute findings and set aside tribunal judgment based on procedural irregularity
27 April 2026
Revision granted where tribunal violated right to be heard, failed to determine res judicata, and awarded unpleaded ownership.
Civil procedure
— Revision — Suo motu revision and audi alteram partem
— Res judicata — Jurisdiction and res judicata
— Pleadings — Pleadings and relief
27 April 2026
Consent judgment: plaintiff declared owner, vacant possession within ten months, mesne profit claims relinquished.
Land law — ownership and possession — proof of ownership — Declaration of ownership following purchase at public auction and consent settlement
Civil procedure
— Consent judgment — Recording and adoption of deed of settlement — Recording settlement as decree and withdrawal of claims
— Enforcement — Right to enforce consent order on default — Default remedies and execution under Order XXI of the Civil Procedure Code
24 April 2026
Failure to take pre‑institution bona fide steps under Civil Procedure Code s13(4) renders a suit incompetent and ousts jurisdiction.
Civil procedure — Pre‑institution dispute resolution — Whether parties must take bona fide steps before instituting proceedings
24 April 2026
Failure to plead compliance with mandatory section 13 CPC pre‑action steps renders a land suit incompetent despite not being time‑barred.
Civil procedure — Pre-action requirements — Mandatory compliance with section 13 of the Civil Procedure Code as a condition precedent to instituting proceedings — Section 13 CPC
Limitation law — recovery of land — accrual when claimant knows of dispossession — Item 22, Part I Schedule to the Law of Limitation Act
24 April 2026
Failure to take mandatory pre-action bona fide steps under section 13 CPC renders the suit incompetent and it is struck out.
Civil procedure — Pre-action requirements — Mandatory compliance with section 13 of the Civil Procedure Code as a condition precedent to instituting proceedings
Constitutional law — Judicial authority and jurisdiction — Distinction between jurisdiction per se and conditions precedent to its exercise under Article 107A(2)(d)
24 April 2026
Revision dismissed where tribunal properly heard a landlord‑tenant dispute and applicants lacked interest in the suit property.
Land law
— Revision of District Land and Housing Tribunal decisions — Non‑joinder and locus to sue or be heard
— jurisdiction of DLHT — Landlord‑tenant disputes (rent and possession) — Jurisdiction of Tribunal under s177 Land Act and s3(1) Land Disputes Courts Act
Civil procedure — Revision — Power of High Court to revise lower court proceedings where error material to the merits involves injustice
23 April 2026
Court granted extension to lodge appeal, finding short delay reasonably explained and applicant diligent.
Civil procedure
— Extension of time to appeal — Sufficient cause — Application of Lyamuya principles
— Appeal procedure — Striking out notice of appeal for failure to take essential steps — Procedural omission and effect on grant of extension of time
23 April 2026
Sale of matrimonial land without spousal consent is void; declaration and injunction granted, counterclaim dismissed.
Land law — matrimonial property and spouse consent — Whether spousal consent was required for alienation of the matrimonial home — Law of Marriage Act s 59(1)
Evidence — Allegation of forgery/fraud — Allegation of forgery requires higher standard of proof — Ratilal Gordhanbhai Patel principle
23 April 2026
Court granted Mareva injunction preserving land status quo pending 90‑day statutory notice due to irreparable harm.
Civil procedure — Interim injunction (Mareva injunction) — Preservation of status quo pending statutory notice — Tests: prima facie case, irreparable harm, balance of convenience
23 April 2026
Extension granted where respondent’s filings were absent from the ECF and counter‑affidavit was defective.
Civil procedure — Electronic filing
— documents not uploaded to ECF are not deemed filed (GN 609 of 2025)
— Electronic Case File as official record
Civil procedure — extension of time — Sufficiency of reasons and effect of irregular service on application for extension
Evidence — Evidence/affidavits — Form and attestation — Defective affidavit (absence of oath; discrepancy in deponent's name) renders it invalid
22 April 2026
A corporate plaint's misdescription of a verifier's capacity may be curable where the verifier is a principal officer with knowledge of the facts.
Civil procedure — Pleadings — Verification of plaint — Whether misdescription of verifier's capacity renders suit incompetent or is curable — Order VII r 15; Order XXVIII r 1 CPC; Article 107A(2)(e) of the Constitution
22 April 2026
Whether a 2006 trespass claim is time‑barred where subsequent tribunal and probate proceedings were later struck out or withdrawn.
Civil procedure
— limitation
— Limitation of actions — Tort (trespass to land) — Three‑year limitation
22 April 2026
Failure to demonstrate bona fide pre‑litigation engagement under section 13 renders the suit incompetent.
Civil procedure — Civil procedure code s.13 — mandatory pre‑litigation requirement — bona fide engagement with principal adverse party — non‑compliance renders suit incompetent
22 April 2026