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Citation
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Judgment date
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| December 2015 |
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Court declared plaintiff owner of disputed plot, ordered removal of military notice; damages claim failed for lack of proof.
Land law – ownership: proof by registered transfer and ground lease; CDA records and surveys establishing parcel outside military area; Evidence Act s.119 – burden where possession shown; administrative/military notice interfering with use; damages for loss of use/special damages must be pleaded and strictly proved.
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14 December 2015 |
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Application withdrawn as overtaken by events after Deputy Registrar ordered release of the applicant's non-collateral properties; no costs.
Land law – execution of decree – Deputy Registrar’s interim/order directing release of non-collateral property and execution against collateral only – application rendered overtaken by events. Civil procedure – withdrawal of proceedings – consent of parties and effect on costs – no order as to costs where matter conceded and withdrawn.
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8 December 2015 |
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Reported
Appeal allowed: subsequent suit was res judicata; tribunal lacked jurisdiction and appeal time excused due to unavailable certified proceedings.
Civil procedure – limitation – section 19(5) Law of Limitation Act – exclusion of time where certified proceedings not supplied.* Civil procedure – interlocutory rulings – when High Court may entertain appeal against interlocutory order (irregularity/injustice exception).* Res judicata – effect of dismissal under Order IX rule 8(1) CPC – plaintiff precluded from re-filing same cause of action without appealing or obtaining setting aside of dismissal.* Interpretation of section 9 CPC read with Order IX rule 8(1) CPC – dismissal operates to bar fresh suit.
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8 December 2015 |
| November 2015 |
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Appellant’s land recovery claim was time-barred; lack of valuation defeated a jurisdictional challenge; appeal dismissed.
Land law – limitation – recovery of land subject to 12‑year limitation (Item 22, First Schedule, Limitation Act). Possession – uninterrupted occupation for statutory period bars recovery. Jurisdiction – pecuniary jurisdiction of Ward Tribunal requires evidence of value; absence of valuation defeats challenge. Locus standi – administrator must be properly joined, but procedural and substantive bars may dispose of matters.
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23 November 2015 |
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Appellant declared owner where lower tribunals awarded ownership without proof and village leadership lacked locus standi.
Land law – ownership and possession – proof of ownership – award of ownership without letters of administration or evidence of title; Civil procedure – locus standi – capacity of village leadership to institute suit; Appellate review – failure to evaluate evidence and procedural irregularities rendering judgment a nullity.
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3 November 2015 |
| September 2015 |
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Failure to cite the specific enabling sub‑section is fatal; application for revision struck out and costs awarded.
Civil procedure – competency of application – requirement to cite the specific enabling sub‑section of a statute – non‑citation fatal and goes to jurisdiction. Revision v appeal – application for revision incompetent where statutory requirements for moving the court are not met. Court’s inherent revisional powers – suo motu revision limited and cannot substitute for proper statutory citation when a party files for specific relief. Costs – general rule that costs follow the event.
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21 September 2015 |
| July 2015 |
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Customary occupancy survives absent compulsory acquisition; mining company liable to compensate for destroyed crops and general loss.
Land law – customary occupancy v. granted right of occupancy – compulsory acquisition prerequisite; Mining law – registered mineral holder's liability to compensate for disturbance (s.96(3) Mining Act); Evidence – assessment of destroyed crops by agricultural officer admissible; quantum adjusted by court valuation; Damages – specific damages awarded Tshs.8,079,182; general damages Tshs.50,000,000; punitive damages refused; No proof of compulsory acquisition, illegal dumping or ministerial waiver.
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8 July 2015 |
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Plaintiff's allegedly acquired title was invalid due to premature/irregular registration and revocation; eviction denied.
Land law – validity of sale by vendor without title; double allocation; issuance and registration of certificate of occupancy; statutory requirements under Sections 29 and 30 of the Land Act; revocation procedure and notice requirements; tracing title and effect of premature/irregular registration; de facto possession and entitlement to eviction.
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6 July 2015 |
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Court granted temporary injunction to preserve disputed land pending leave to appeal out of time, finding risk of tampering or sale.
Civil procedure – temporary injunction – interim relief pending application for leave to appeal out of time and intended appeal – considerations: preservation of status quo, risk of irreparable harm, balance of convenience. Land law – possession and use of disputed land as ground for injunctive relief. Professional conduct – Commissioner for Oaths attesting affidavit and later representing party; counsel’s withdrawal for conflict.
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3 July 2015 |
| June 2015 |
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12 June 2015 |
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A Ward Tribunal convened with a chairman, three members and secretary satisfies section 14 quorum; appeal dismissed.
Land law – Ward Tribunal composition – Quorum under section 14(1) Land Disputes Courts Act – Proper convening requires chairman, three members (selected by chairman) and secretary. Procedural irregularities – alleged failure of tribunal members to sign judgment does not necessarily vitiate proceedings. Appellate review – District Land and Housing Tribunal decision affirmed.
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5 June 2015 |
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Members lawfully withholding remittances as a resolution can constitute an exercise of freedom of association; complaint dismissed.
Trade union law — Freedom of association (positive and negative) — Members' right to participate in union affairs — Lawful branch resolution withholding remittances — Effect of deliberate non-payment on membership status — Proper ownership/use of collected dues.
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5 June 2015 |
| May 2015 |
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Appellate visit to locus in quo was proper; respondent's longstanding use outweighed appellant's claim; appeal dismissed with costs.
Land law – appellate tribunal visiting locus in quo – Section 34(1)(b) Cap 216 R.E. 2002; locus in quo permitted when lower court records/sketches unclear; appellate evaluation of evidence and adverse possession/long use.
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14 May 2015 |
| April 2015 |
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Proclamation of sale not defamatory where plaintiff validly guaranteed the loan and borrower defaulted.
Land/secured transactions – guarantor liability – validity of guarantor agreement – house as collateral for borrower's loan.* Civil law – defamation – truth and absence of malice as complete defence to defamatory publication of mortgage enforcement proceedings.* Remedies – auction/proclamation of sale as lawful exercise of creditor’s contractual rights where borrower defaults.
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24 April 2015 |
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Plaintiff proved ownership and defendant’s trespass; court awarded recalculated special damages, reducing the claimed amount.
Land law – ownership by sale agreement – trespass and unlawful harvesting of trees – proof of ownership and custody; quantification of special damages based on expected timber yield and market evidence.
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16 April 2015 |
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Proceedings were quashed and retrial ordered because the deceased owner's estate was omitted; adverse possession raised too late.
Land law – adverse possession must be pleaded and proved and cannot be raised belatedly on appeal; Tribunal procedure – chairperson may depart from assessors' opinions but must give reasons (s.24 Land Disputes Courts Act); Civil procedure – administrators must be sued in representative capacity; Failure to join the deceased owner/estate renders proceedings a nullity and warrants retrial.
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16 April 2015 |
| March 2015 |
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Appellate court upheld concurrent findings that earlier lawful sale conferred title; assessor non-participation was not fatal.
Land law – title disputes: prior lawful sale confers superior title; subsequent sale by owner’s daughter ineffective; Assessors in Ward and District Land Tribunals – presence and silence not fatal where record shows attendance; Appellate deference – concurrent findings of fact should not be disturbed absent misdirection or miscarriage of justice; Proof of sale document – absence not fatal where oral and documentary evidence (including locus visit) establish ownership.
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27 March 2015 |
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Late supply of tribunal copies does not automatically justify extension for a second appeal; documentary proof required.
Land disputes — Extension of time — Section 38(1)-(3) Land Disputes Courts Act — Second appeal instituted by petition filed in DLHT — DLHT duty to dispatch petition and record within 14 days — Late supply of judgment/ruling by DLHT not good cause unless substantiated by documentary evidence.
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25 March 2015 |
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Failure to show prompt steps to obtain certified copies and unreliable medical evidence do not justify extension of time to appeal.
Land procedure – Extension of time to appeal – Requirement for applicant to show prompt, essential steps (written request) to obtain certified copies of proceedings – Illness as cause – medical evidence to be credible – Overwhelming chances of success alone insufficient to grant extension.
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12 March 2015 |
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Appellate tribunal's orders to clear public open space and realign walls upheld due to proven encroachment.
Land dispute – boundary/encroachment – open space (uchochoro) – locus in quo inspection – orders to remove walls and realign boundaries – public health/duty to control offensive effluent.
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12 March 2015 |
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Extension of time to appeal refused for excessive unexplained delay and lack of sworn evidence showing good cause.
Civil procedure – Extension of time – Good cause required – Alleged inadvertent dismissal and delay awaiting estate administration must be substantiated by affidavit evidence. Limitation – Applications for extension are not per se time‑barred but cannot be open‑ended; excessive unexplained delay justifies refusal. Evidentiary requirement – Counsel’s oral statements insufficient to prove good cause.
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12 March 2015 |
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An application to set aside an ex parte judgment must explain non‑appearance; re‑arguing merits is not a proper basis to overturn refusal.
Land law – setting aside ex parte judgment – applicant must explain absence and give sufficient reasons – appeal against refusal must show tribunal erred in assessing reasons, not re‑argue merits.
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6 March 2015 |
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Days awaiting certified copies are excluded from limitation; appeal held timely and preliminary objection dismissed.
Limitation of actions — computation of time — exclusion of days awaiting certified copies under s.19(3) Law of Limitation Act; Appeals — time for first appeal — 45 days under s.38 Cap 216 R.E.2002; Preliminary objection — time-bar defence dismissed where appeal filed within adjusted limitation period.
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5 March 2015 |