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Citation
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Judgment date
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| December 2014 |
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Allocation letter and survey evidence establish applicant's title; respondent's house on surveyed plot ordered demolished.
Land law – ownership established by allocation letter and survey evidence; surveyed plots prevail over residential licences for unsurveyed areas; permanent construction on a surveyed neighbour's plot constitutes actionable encroachment leading to demolition and vacant possession.
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5 December 2014 |
| November 2014 |
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Failure to prove sickness and reliance on advocate’s negligence do not constitute good cause for extension of time; appeal dismissed.
Civil procedure – extension of time – meaning of "good and sufficient cause" – sickness must be proved by credible evidence (medical certificates) to be reasonably believable. Civil procedure – defective affidavit – omission of deponent's name renders affidavit invalid and application liable to be struck out. Civil procedure – solicitor/advocate negligence – party vicariously liable; advocate's negligence not a basis for extension of time. Limitation law – prevention of open-ended delays; standard of proof for extension is reasonable belief, not beyond reasonable doubt.
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19 November 2014 |
| October 2014 |
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The applicant’s request to extend time to appeal was refused for failure to show good and sufficient cause.
Civil procedure – Extension of time – s.38(1) Land Disputes Courts Act 2002 – applicant must show good and sufficient cause. Medical incapacity – outpatient treatment does not necessarily constitute sufficient cause where applicant could have acted with due diligence. Discretionary relief – exercised judiciously; delay caused by negligence or inaction not sufficient. Duty of counsel – obligation to assist the court; improper citation criticized.
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31 October 2014 |
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Court granted extension of time due to defective service of summons, allowing filing of intended application within 14 days.
Civil procedure — Extension of time under Limitation Act s.14(1) — Order XXXIX r.21 CPC application — Service of summons — Order V rr.12,17,19 — Requirement for serving officer’s affidavit or examination — Defective service can constitute sufficient cause to extend time.
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24 October 2014 |
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An appellate decision based on a non-existent lower tribunal judgment is null and must be quashed and remitted for a proper judgment.
• Civil procedure – requirement for a valid judgment – necessity of heading, issues, summary of evidence and reasoned conclusions; • Appeals – appellate decision founded on non-existent or defective lower tribunal judgment is nullity; • Remedy – quashing of appellate decision and remittal for composition of proper judgment; • Land tribunal procedure – insufficiency of 'members’ opinions' as a substitute for judgment.
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22 October 2014 |
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Whether a vacation notice is valid where plaintiff holds prior, court-recognized mineral claim rights.
Mining law – allocation of mineral rights – double allocation; prior District Court finding of lawful mining possession; validity of vacation notice; declaratory relief and injunction; costs.
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16 October 2014 |
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10 October 2014 |
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Section 38(1) allows time extensions only for appellate/revisional Tribunal decisions; applications based on original-jurisdiction decisions are incompetent.
Land law – extension of time – applicability of Section 38(1) Land Disputes Courts Act – limited to appellate/revisional jurisdiction of District Land and Housing Tribunal; not applicable to original jurisdiction. Procedural law – wrong statutory citation – constitutes failure to move the court – renders application incompetent and subject to striking out. Costs awarded on striking out.
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3 October 2014 |
| September 2014 |
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Applicant’s claim for return of title deeds dismissed; respondent entitled to enforce security for outstanding Tshs.61,000,000 with interest and costs.
Land/security of title deeds – deposit of title deeds as security for bank facilities – debt rescheduling and acknowledgement – burden of proof on claimant – enforcement of security by sale/possession – award of interest and costs.
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11 September 2014 |
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Plaintiff failed to prove ownership or destruction of farms during road works; claim dismissed with costs.
Land law – proof of title and ownership – evidential burden; alleged destruction of crops and removal of beacons during road maintenance – necessity of corroborative and expert (surveyor) evidence; hearsay insufficient to establish trespass or damage; unsuccessful claim dismissed with costs.
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11 September 2014 |
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Applicant failed to prove land ownership; tribunal's non-visit and concurrence with assessors were not errors.
Land law – proof of ownership – requirement for documentary evidence and credible direct witnesses; locus in quo visits discretionary; assessors' opinions and chairperson’s concurrence must be recorded with reasons.
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9 September 2014 |
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Appellate locus in quo visit and witness credibility justified reversal of ward tribunal; appeal dismissed with costs.
Land dispute – appellate review – locus in quo visit – credibility of witnesses – reversal of ward tribunal where trial evidence contradictory and site inspection supported respondent’s ownership; assessors’ opinions relevant.
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5 September 2014 |
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Whether the tribunal erred by proceeding without a necessary party and ignoring evidence of land transfer and mortgage proceeds.
Land law – possession and title – joinder of necessary parties – evidentiary weight of land transfer registry entries – consideration of mortgage transactions and funds received in land disputes.
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5 September 2014 |
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Plaintiff’s forged allocation documents made him a trespasser; revocation lawful and claim dismissed with costs.
Land law – allocation and grant of right of occupancy – validity of letters of offer and payment receipts – forgery and documentary evidence – lawful revocation by Commissioner for Lands – improvements by trespasser and no entitlement to compensation.
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5 September 2014 |
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Appellant's challenge to tribunal's reliance on valuation and rejection of her evidence dismissed; appeal dismissed.
Land law – tenancy and building-works agreements – recovery of construction costs; admissibility and reliance on expert valuation reports; assessment of witness evidence and appellate review of factual findings.
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5 September 2014 |
| August 2014 |
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Applicant failed to prove sufficient cause for extension of time; application refused and costs awarded to respondents.
Limitation law – extension of time under s.14(1) Limitation Act; requirement to show sufficient cause; necessity to lodge and annex registry request for copies of judgment/ruling; appealability of decisions disposing of entire claim even if based on preliminary objection; discretionary nature of extension of time.
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29 August 2014 |
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Unsubstantiated failure to comply with an order to file written submissions justified dismissal of extension application with costs.
Extension of time – Section 38(1) Land Disputes Courts Act – requirements for granting extension; Non-compliance with court orders – failure to file written submissions amounts to non-appearance/want of prosecution; Excuses – unsubstantiated sickness and bereavement not sufficient to justify extension; Costs – dismissal with costs for inaction and laxity.
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22 August 2014 |
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Extension of time granted where delay in filing appeal was caused by tribunal’s late supply of judgment and records.
Limitation of actions – extension of time – Section 14 Law of Limitation Act – when delay is caused by failure to supply judgment/records. Computation of limitation period – exclusion of time spent obtaining copies of judgment, decree and proceedings (Section 19(2)). Relief – grant of extension of time and costs.
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22 August 2014 |
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Application for extension of time denied: medical evidence insufficient and intended appeal lacked prospects, application dismissed with costs.
Civil procedure – Appellate Jurisdiction Act, Section 11(1) – extension of time to apply for leave to appeal – proper provision for leave is Section 5(1)(c). Procedure – requirement to show sufficient cause for extension of time – medical evidence must be credible and substantiate incapacity or bona fide delay. Appeals – court may consider prospects of success when exercising discretion to extend time.
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22 August 2014 |
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Uncorroborated oral claims of efforts to obtain judgment records do not justify extension of time to appeal.
Civil procedure – Extension of time – Applicant must show sufficient cause for delay; delay caused by tribunal failing to supply records may suffice but must be proved. Evidence – Oral assertions and unproduced payment receipts insufficient; corroborating affidavits or receipts required to establish diligence. Onus of proof – Applicant bears burden to prove that delay was due to trial tribunal and that reasonable efforts were made to obtain records.
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22 August 2014 |
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Misnaming an appeal document as a "memorandum" rather than a "petition" is a curable procedural defect; amendment ordered.
Land law – Appeals – Form and competence – "Memorandum" vs "petition" of appeal – Misnaming a pleading is a procedural semantic defect not necessarily rendering an appeal incompetent; amendment permitted; reference to s.38(1)-(3) Land Disputes Courts Act (Cap 216 R.E. 2002).
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13 August 2014 |
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Appeal dismissed: village allocation and locus inspection established respondent's lawful occupation; no encroachment or tribunal irregularity.
Land law – allocation by village authorities – evidence of allocation and peaceful occupation as basis for ownership; locus in quo inspection. Boundary/encroachment disputes – burden to prove encroachment; uncontroverted village allocation evidence negates encroachment claim. Procedural law – Ward Tribunal composition – coram must be between four and eight members under section 11 of the Land Disputes Courts Act No. 2 of 2002.
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11 August 2014 |
| July 2014 |
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An extension of time order was interlocutory and not appealable; the appeal was struck out and remitted to the tribunal.
Interlocutory order — appealability — "nature of the order" test; extension of time to file application to set aside dismissal — whether final determination of rights; premature appeal; remittance to trial tribunal.
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26 July 2014 |
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Long uninterrupted possession for over 17 years established the respondent's title by adverse possession; appeal dismissed with costs.
Land law – adverse possession – long uninterrupted occupation conferring title. Evidence – delay and abandonment – prolonged failure to assert claim weakens title claim. Documentary evidence – alleged grant/gift and its legal effect considered in context of possession and delay.
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11 July 2014 |
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A person suing personally for land of a deceased lacks locus standi; incompetent tribunal proceedings were quashed and a fresh suit permitted.
Civil procedure – locus standi – claim brought personally for land of deceased estate without letters of administration or compliance with Probate and Administration of Estates Act renders proceedings incompetent and liable to be quashed. Appellate procedure – lower appellate court should not entertain appeals arising from nullity proceedings. Remedies – quashing of incompetent tribunal proceedings and allowance to file fresh suit following proper procedure.
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11 July 2014 |
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Proceedings are null where claimant lacks locus standi for failing to sue as administrator of a deceased’s estate.
Land law - locus standi - claimant asserting rights of deceased must sue as administrator under Probate and Administration of Estates Act; proceedings by person lacking capacity are incompetent/nullity; appeal arising from null ward-tribunal proceedings is wrongly entertained by appellate tribunal.
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11 July 2014 |
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District tribunal correctly issued a ruling and quashed Ward Tribunal decision due to jurisdictional and procedural defects.
Land procedure — Ward Tribunal lacks appellate jurisdiction; only receives references from Village Council — proceedings founded on defective procedure can be quashed; District Tribunal may issue ruling rather than judgment when matter not decided on merits due to jurisdictional irregularity.
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11 July 2014 |
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Application for extension of time struck out for being founded on wrong statutory provision and thus incompetent.
Land law — Extension of time — Competence of application — Wrong or non‑enabling statutory provision — Section 52(2) Land Disputes Courts Act; Limitation Act inapplicable where appeal originates from Ward Tribunal — Failure to properly move the Court is fatal.
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4 July 2014 |
| June 2014 |
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Ward tribunal judgment lacking members' identification and chairperson's signature/stamp is a nullity; lower judgments quashed and retrial ordered.
Land procedure — Ward Tribunal records — Judgment must show names/gender of members and be signed/stamped by chairperson — Failure renders proceedings a nullity; appellate tribunal must enquire into validity and quash defective proceedings — Order for retrial de novo.
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12 June 2014 |
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Court quashed dismissal for want of prosecution after denying the applicant written submissions; appeal reinstated and to be heard de novo.
Land procedure — Appeal dismissed for want of prosecution — Right to be heard — Request for written submissions and legal aid assistance — Tribunal's duty to afford lay litigants reasonable opportunity to be represented — Quashing dismissal and reinstatement for de novo hearing.
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5 June 2014 |
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Appeal dismissed: Ward Tribunal had jurisdiction and appellate tribunal properly assessed evidence regarding boundary trespass.
Land law – Ward Tribunal jurisdiction – Ward Tribunal competent to hear neighbourly boundary/trespass disputes. Evidence and appellate review – appellate tribunal entitled to assess witness credibility; vendor and witnesses' testimony can decisively determine boundary dispute. Civil procedure – appeal dismissed where lower tribunals properly evaluated evidence.
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5 June 2014 |
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Extension of time granted and dismissed appeal restored where counsel's absence for grave personal reasons constituted sufficient cause.
Application for extension of time and restoration of appeal – delay due to advocate's absence for family emergency – 'mention' as court practice not substantive law – restoration granted where delay reasonable.
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3 June 2014 |
| May 2014 |
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Ward tribunal lacked pecuniary jurisdiction over a land dispute valued above its monetary limit; proceedings nullified.
Land law – Jurisdiction – Pecuniary jurisdiction of ward tribunal – Dispute over land valued above monetary limit – Proceedings of incompetent tribunal nullified and set aside; respondent advised to institute suit in competent tribunal.
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30 May 2014 |
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Applicant’s appeal dismissed as time-barred for one-year delay and failure to seek extension of time.
Civil procedure – Appeals – limitation period – where original dismissal advised refiling subject to limitation, subsequent filing after one year is time-barred; Procedural remedy – applicant must apply for extension of time if delayed in obtaining certified ruling; Appellate review – dismissal for being out of time justified absent application for extension.
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30 May 2014 |
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Whether the tribunal improperly relied on an allegedly forged sale document and ignored the appellant’s evidence.
Land law – conflicting sale agreements – admissibility and authenticity of sale documents; assessment of witnesses and occupation evidence. Evidence – evaluation of documentary and oral evidence; duty of tribunal to consider earlier ward-tribunal evidence. Civil procedure – challenge to tribunal’s findings where material discrepancies in documents and witness availability exist.
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27 May 2014 |
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Procedural defects and improper composition of the ward tribunal vitiated its jurisdiction; matter remitted for de novo hearing.
Land law – Ward Land Tribunal procedure – deficient record-keeping, lack of cross-examination and unsigned, conflicting judgement parts amounting to failure of justice. Tribunal composition – non-compliance with s.14(1) Land Disputes Courts Act (Cap. 216) – improperly constituted tribunal; lack of jurisdiction. Remedy – proceedings and appellate decision declared nullity; matter remitted for de novo hearing. Section 45 Land Disputes Courts Act – procedural irregularities that occasion failure of justice cannot be saved.
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25 May 2014 |
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Delay awaiting tribunal copies and counsel’s commitments do not constitute sufficient cause for extension of time.
Extension of time — sufficient cause — delay in obtaining certified copies of tribunal judgment; duty of party to follow up copies; counsel’s engagements and delegation of filing duties; negligence and lack of diligence as grounds for refusing extension.
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23 May 2014 |
| April 2014 |
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Application to set aside order struck out for citing incorrect statutory provisions, rendering it incompetent.
Procedure — Competence of application — Wrong citation of law — Court of Appeal Rules inapplicable to High Court — Section 78 and Order XLII CPC concern review — Application struck out for incompetence; costs — Principle that court must be moved by proper statutory provision (Marwa Maseke).
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30 April 2014 |
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Extension of time to appeal denied where no good and sufficient cause shown; poverty and ignorance are not valid excuses.
• Civil procedure – Extension of time – Requirement to show good and sufficient cause for extension of time to appeal – Ignorance of law, poverty, age or geographic disadvantage not sufficient. • Civil procedure – Certified copies of judgment – Timely supply of copies does not alone justify extension where no adequate explanation for delay.
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14 April 2014 |
| March 2014 |
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Proceedings were declared null due to ambiguity over parties and improper composition of the Ward Tribunal.
Land law – dispute over title: pledge (security for loan) versus sale. Civil procedure – Ward Tribunal irregularities: ambiguous parties, failure to record coram, inconsistent recorders. Effect of procedural defects – nullity of Ward Tribunal proceedings and consequent invalidity of appellate Tribunal decision. Statutory requirement – composition of Ward Tribunal (section 11, Land Disputes Courts Act).
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24 March 2014 |
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The appellant’s claim to recover land was time-barred under the Limitation Act; appeal dismissed.
Land law – recovery of land – adverse possession – continuous occupation and improvements by occupier; Limitation – Law of Limitation Act, Cap. 89 R.E. 2002, Item 22 Part I Schedule – twelve-year limitation for actions to recover land; Appellate review – correctness of applying limitation to reverse trial tribunal.
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21 March 2014 |
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Mis‑citation of a statute does not defeat an application if the correct statutory ground is also pleaded.
Land law – extension of time to appeal – competence of application where incorrect statutory provision cited but correct provision also relied on – mis‑citation does not necessarily render application incompetent; Procedural law – preliminary objection on time bar – burden to substantiate and distinction between preliminary objection and substantive application; Statutes – section 38(1) Land Disputes Courts Act (appeals from Ward Tribunals) vs section 14(1) Law of Limitation Act (extension of time).
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14 March 2014 |
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Concurrent factual findings upheld; respondent proved ownership, appeal dismissed with costs.
Land law – ownership and title; burden of proof on claimant to establish acquisition (inheritance/transfer); appellate review – concurrent findings of fact not to be disturbed absent misdirection or non-direction (Mussa Mwaikunda principle); evidentiary value of locus in quo visit and witness corroboration; failure to adduce proof of title by appellant.
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10 March 2014 |
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Appeal dismissed for failure to prove ownership; lower tribunals' findings on possession and title upheld.
Land law – title disputes – possession and long cultivation – invitee/caretaker status – burden of proof to establish lease or ancestral ownership – appellate review of concurrent tribunal findings.
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6 March 2014 |
| February 2014 |
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A Ward Tribunal lacked jurisdiction over a land dispute exceeding the statutory pecuniary limit; proceedings quashed.
Land law – Ward Tribunal jurisdiction – pecuniary limit under s.15 Land Disputes Courts Act (Cap.216 R.E.2002) – land valuation and jurisdictional threshold – appellate duty to consider jurisdictional grounds – jurisdiction may be raised suo motu.
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19 February 2014 |
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Prompt action and presence in court premises established sufficient cause to restore a dismissed land appeal.
Civil procedure — Restoration of dismissed appeal — Order XLIX r.19 CPC — Good cause for non-appearance — Applicant in court premises and prompt application — Dismissal vacated and appeal restored.
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14 February 2014 |
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Appellate tribunal erred dismissing appeal as directed at a ‘stranger’ where trial records showed same parties; appeal allowed and matter remitted.
Land law – appeal procedure – appellate tribunal’s dismissal for wrong/addressee of appeal – identity of parties at trial and on appeal – remittal for rehearing. Civil procedure – party status cannot be disregarded without application and judicial order. Costs – awarded to successful appellant.
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10 February 2014 |
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Affidavit containing legal argument and vague prayers rendered interlocutory application defective and it was struck out with costs.
Civil procedure – Interlocutory relief – Affidavits – Affidavits must be confined to facts within deponent’s knowledge; legal argument, opinions or prayers are impermissible. Civil procedure – Procedure – Distinction between pleadings (Order VI) and affidavits (Order XIX); objections based on wrong procedural premise are misconceived. Civil procedure – Interim injunctions – Relief must be properly and clearly pleaded; praying injunctions to subsist only for the duration of the application is improper and makes application vague and untenable.
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7 February 2014 |
| January 2014 |
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Respondent’s village allocation and credible witness evidence established ownership; appeal against DLHT decision dismissed.
Land law – ownership dispute over allocated wet paddy land; appellate procedure – applicability of Order XXXIX Rule 31 CPC vis-à-vis Land Disputes Courts Regulations; locus in quo inspections are exceptional and unnecessary where trial tribunal inspected; new factual issues raised first on appeal generally not entertained; credibility of documentary allocation and corroborating witness evidence governs ownership determination.
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30 January 2014 |