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Citation
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Judgment date
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| August 2018 |
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Second appellate court upholds district tribunal: credibility findings and nemo dat rule confirm respondent as lawful owner; appeal dismissed.
Land law – ownership disputes – credibility and weight of evidence – appellate restraint on disturbing trial court findings – nemo dat quod non habet (one without title cannot pass title).
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3 August 2018 |
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Purchaser at auction with notice of third-party ownership is not a bona fide purchaser; auction sale void if vendor lacks title.
Land law – auction sales – bona fide purchaser – caveat emptor – purchaser with notice not protected. Title – transferee cannot gain title where vendor lacks good title; sale null and void ab initio. Civil procedure – appellate limitation on raising issues not pleaded or canvassed at trial. Procedure – ex parte proceedings permissible where respondent properly summoned (Reg.11(1)(c)).
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3 August 2018 |
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An application to set aside an appeal dismissal does not stay execution; the tribunal rightly issued the execution order.
Land law – Execution of tribunal decrees – Effect of appeal or application to set aside dismissal on execution – An application to restore an appeal does not stay execution. Civil procedure – Revision under Land Disputes Courts Act (ss. 41(1), 43(1)) – Grounds requiring error, irregularity or injustice to warrant revision. Enforcement – Eviction orders – Court broker appointment and 14-day execution rule where no objection is filed.
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3 August 2018 |
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A subsequently filed appeal intended to pre-empt a pending preliminary objection is an abuse of process and is dismissible.
Civil procedure – abuse of process – multiplicity of appeals; pre-empting preliminary objections by instituting fresh appeals. Procedure – effect of a pending preliminary objection: time to remedy defects lapses; proper recourse is to seek leave to amend or to contest the objection. Professional conduct – duty of counsel as officers of the court to avoid abuse of process.
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3 August 2018 |
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Appeal struck out for failure to obtain mandatory court leave for a representative suit under Order I Rule 8 CPC.
Civil procedure — Representative suits — Order I Rule 8 CPC — Leave of court mandatory and notice to represented persons required. Civil procedure — Appeal by one of several parties — Order XXXIX Rule 4 CPC does not negate the requirement for representative-leave under Order I Rule 8. Failure to obtain representative leave and to record required particulars may render an appeal incurably defective — striking out appropriate remedy.
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3 August 2018 |
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Delay in obtaining judgment copies constituted sufficient cause to extend time for the applicant to file an appeal.
Land law – Extension of time to appeal – Discretionary relief under section 41(2) – Application of Lyamuya principles – Delay in obtaining copies of judgment, decree and proceedings as sufficient cause – Requirement of diligence and accounting for delay.
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3 August 2018 |
| July 2018 |
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Suit struck out because the plaintiff’s power of attorney lacked the donee’s joint execution, so the plaintiff had no locus standi.
Land law – Power of attorney – requirement under s.96(1) Land Registration Act for joint application and signatures – absence of donee’s signature invalidates locus standi. Civil procedure – Preliminary objections – jurisdiction assessed by value of land under s.37 Land Disputes Courts Act. Limitation – land ownership/declaratory claims governed by item 22, Part I, First Schedule to the Law of Limitation Act. Res judicata/withdrawn suits – party alleging prior order must produce it; failure to prove defeats the plea.
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31 July 2018 |
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Prima facie irregular mortgage and risk of irreparable loss justified a six‑month temporary injunction.
Land — Temporary injunction — Application under Order XXXVII Rule 1(a) CPC — Prima facie case; irreparable harm; balance of convenience — Alleged mortgage without spousal consent over matrimonial home — Preservation of subject matter pending trial.
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31 July 2018 |
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Appeal dismissed as time-barred despite appellant's valid appointment as administrator; annexure objection unfounded.
Land appeal — statutory 45-day limitation under s.41(2) Land Disputes Courts Act — necessity of application for extension for good cause; Capacity to sue — validity of administrator's appointment established by letter of administration; Procedural compliance — annexure of tribunal judgment to memorandum of appeal.
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31 July 2018 |
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Stay of execution dismissed as overtaken by events because execution (demolition) had already been carried out.
Civil procedure – Stay of execution – Order 21 Rule 27 CPC – Purpose to preserve status quo pending appeal – Application overtaken by events where execution/demolition already effected; balance of convenience and irreparable harm irrelevant once execution complete.
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30 July 2018 |
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Appellate court refused new issues on appeal and upheld the tribunal’s finding that the respondent is the registered owner.
Land law; appellate review — appellate court will not entertain issues not raised at trial; ownership determined by land registration; evidence — trial tribunal may call registrar witness to verify title; refusal to call survey witness proper where survey status not in issue.
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30 July 2018 |
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Application for leave to appeal out of time dismissed for failing to account for delay despite earlier procedural defects.
Civil procedure – extension of time – leave to appeal out of time under s.38(1) Land Disputes Courts Act – discretion to be exercised judicially. Procedural irregularity/illegality – struck out appeal as potential ground for extension but not automatically decisive. Requirement to account for each day of delay – failure to do so fatal to application (Bushiri principle).
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27 July 2018 |
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Court dismissed formal objections to affidavit and heading, finding mixed questions of law and fact and granting leave to appeal.
Civil procedure – affidavits on "information" – requirement to disclose source applies only when paragraphs are expressly on information of others; verified statements "to the best of knowledge" not defective. Civil procedure – preliminary objections – must raise pure points of law capable of disposing the matter (Mukisa test). Court practice – defective/omitted headings or registry citations are formal defects that may be amended and are not fatal absent prejudice. Appeals – leave under s.47(1) Land Disputes Courts Act granted where mixed questions of fact and law arise.
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27 July 2018 |
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Ignorance of law or being a layperson does not constitute sufficient cause for extension of time to appeal.
Land procedure – Extension of time under section 38(1) LDCA; requirement to show sufficient/good cause; duty to account for each day of delay; ignorance of law/being a layperson is not sufficient cause; application dismissed with costs.
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27 July 2018 |
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Appellate court upheld tribunal’s finding that appellant’s negligent piling of sandbags damaged neighbour’s fence; appeal dismissed with costs.
Land law – neighbour dispute – alleged trespass and damage to fence by piling sandbags; Tort/negligence – obstruction of drainage causing property damage; Civil procedure – necessity of joining vendor as a party; Res judicata/section 9 CPC – prior Ward Tribunal discussions not a final determination; Appellate review – deference to trial tribunal’s findings of fact unless misdirection or legal error.
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27 July 2018 |
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Leave to appeal granted where High Court allegedly relied on evidence not adduced at trial, raising arguable legal issues.
Land law – ownership disputes – alleged abandonment and prescription – whether abandonment and limitation can pass title.* Appellate procedure – leave to appeal under section 47(1) Land Disputes Courts Act – grant of leave where arguable point of law exists.* Evidence – whether an appellate court may base its decision on evidence not adduced at trial; such a contention can ground leave to appeal.
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27 July 2018 |
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Applicant failed to show prima facie case or irreparable harm; injunction against sale of mortgaged property denied.
Civil procedure – interlocutory (conservatory) injunction – Atilio v. Mbowe test (prima facie case, irreparable injury, balance of convenience). Mortgage/guarantee – validity and consent – role of guarantor and Land Form No. 40. Evidence – weight of sworn counter-affidavit versus later supportive submissions.
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27 July 2018 |
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Applicant’s long unexplained delay and failure to account for each day warranted dismissal of extension application with costs.
Civil procedure – Extension of time under Section 14(1) Law of Limitation Act – requirement to show good cause and account for every day of delay; dismissal for want of prosecution; duty to prosecute diligently.
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27 July 2018 |
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Temporary injunction refused: applicant failed to prove triable issue, irreparable harm, and favorable balance of convenience.
Civil procedure – Temporary injunction – Requirements: triable issue, irreparable injury, balance of convenience (Atilio v Mbowe); unpleaded allegations inadmissible at interlocutory stage; preservation of status quo; enforcement of mortgage/loan facilities.
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27 July 2018 |
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Appellate court upheld trial findings: sale agreement and locus inspection established respondent's ownership; late issues dismissed.
Land dispute — proof of title — sale agreement and vendor testimony; locus in quo inspection supporting factual findings; appellate review — re-assessment of evidence and credibility; procedural rule — appellate courts will not entertain issues not raised at trial; failure to produce documentary proof (letters of administration) precludes reliance on it.
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27 July 2018 |
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Leave to appeal granted where arguable grounds and disputed evaluation of evidence justify appellate scrutiny.
Land law — leave to appeal under s.47(1) — discretionary test of 'arguable appeal' and 'disturbing features' — evaluation of trial judge's assessment of evidence.
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27 July 2018 |
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Withdrawal of counsel and delay in obtaining records constituted sufficient cause to permit extension to seek leave to appeal.
Extension of time – Appellate Jurisdiction Act s.11(1) – sufficient cause – withdrawal of counsel and need to obtain certified copies – standard: balance of probabilities.
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27 July 2018 |
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Failure to issue contractual demand notice before broker’s notice vitiated enforcement; tribunal mis‑evaluated appellant’s evidence.
Land law – Mortgage enforcement – Loan agreement clause requiring written demand notice before recalling facility – Broker's 14‑day notice – Validity of auction steps where demand notice issued after Broker's notice – Evaluation of evidence by trial tribunal – Frustration of contractual procedure.
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26 July 2018 |
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Sale by a non‑administrator who lacked authority passed no title; appellants proved superior title and appeal succeeded.
Land law – ownership dispute – evaluation of competing sale agreements and witnesses. Probate and administration – section 101 Probate and Administration of Estates Act – only administrator can lawfully dispose of deceased's property. Evidence – burden of proof in civil cases – balance of probabilities (s.111 Evidence Act). Principle nemo dat quod non habet – a seller without title cannot pass better title. Competence of transactions – post‑dated or belated authorization renders sale defective.
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26 July 2018 |
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Appeal allowed: dismissal for res judicata and reliance on sale agreement for jurisdiction were erroneous; matter remitted for trial.
Land law – Res judicata – earlier suit dismissed for lack of jurisdiction does not bar subsequent suit; Pecuniary jurisdiction – applicant’s stated value governs; respondent disputing value must produce credible valuation (government valuer) and raise at pre-trial; Preliminary objections – court should decide pure points of law without factual inquiry into annexed evidence.
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26 July 2018 |
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Alleged fraud and bureaucratic delays found sufficient to grant extension to file a review application.
Extension of time – Law of Limitation Act s.14(1) and CPC s.95 – sufficient or reasonable cause – allegation of fraud in judgment (double allocation) – bureaucratic delays in obtaining governmental documents – merits of intended review not considered at extension stage.
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25 July 2018 |
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Extension of time granted where judge reassignment caused confusion and justified delay to seek restoration.
Civil procedure – Extension of time under s.14 Law of Limitation Act – Application for leave to file restoration/re‑admission – Order XXXIX R.19 applies to restoration itself – factors for extension: length/reason for delay, diligence, prejudice (Mbogo v Shah).
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24 July 2018 |
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Amendment of the plaint rendered the pending injunction application incompetent and it was struck out with costs.
Civil Procedure — Temporary injunction — Order XXXVII Rule 2(1) — Interlocutory application depends on main suit — Amendment of plaint may render prior application incompetent — Incompetent proceedings cannot be amended or withdrawn — Application struck out with costs.
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24 July 2018 |
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An appeal filed after the 60-day statutory period under section 38(1) without sufficient cause for extension is time-barred and dismissed.
Civil procedure – Appeals – Time limit for appeals from District Land and Housing Tribunal to High Court – section 38(1) Land Disputes Courts Act – sixty-day limit and discretion to extend time for good cause. Procedural law – Non-supply of copies of judgment/decree – not per se a statutory prerequisite for filing an appeal and not automatically constituting sufficient cause for extension of time. Land law – consequence of filing an appeal out of statutory time without leave – dismissal with costs.
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23 July 2018 |
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Delay of seven days excused where counsel’s need to obtain documents and liaise with distant client constituted sufficient cause.
Civil procedure – extension of time – application for leave to appeal – Rule 49(3) Court of Appeal Rules (mandatory attachment of decision); Rule 45(a) fourteen-day limit; sufficient cause; discretionary relief.
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23 July 2018 |
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Applicant established triable issues and irreparable harm; temporary injunction granted restraining sale of mortgaged university land.
Civil procedure – interlocutory injunction – requirements: prima facie case, irreparable injury, balance of convenience. Mortgage/guarantee disputes – alleged lack of consent and alleged fraudulent procurement of security documents. Property used for public/educational purposes – potential irreparable harm from enforcement.
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23 July 2018 |
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Wrong citation of Limitation Act made the extension application incompetent; court struck it out, no costs.
Land law – extension of time to file appeal – proper reliance on Section 41(2) of the Land Disputes Courts Act. Limitation Act – Section 43(f) excludes Limitation Act where another written law prescribes limitation periods – Section 14(1) inapplicable. Civil procedure – preliminary objection on wrong citation – non‑citation/wrong citation renders application incompetent and liable to be struck out.
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20 July 2018 |
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An appeal filed one day beyond the 45‑day statutory period is time‑barred and will be struck out absent leave to extend time.
Land law – Appeals from District Land and Housing Tribunal to High Court – Section 41(2) Land Disputes Courts Act (as amended) – 45‑day time limit – Extension/leave for good cause – One‑day delay fatal – Preliminary objection sustaining time‑bar.
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20 July 2018 |
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A withdrawn appeal and claimed illegality can constitute sufficient cause to grant extension of time to file an appeal.
Civil procedure – extension of time – discretion of the court – requirement to show sufficient cause. Extension of time – illegality of impugned decision – claim of illegality (including withdrawn or struck out appeal) may constitute sufficient cause. Evidence – medical certificate – single attendance not necessarily determinative of continuous incapacity.
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20 July 2018 |
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Court overruled procedural objections, held affidavit sufficiently disclosed representative origin, and found arguable legal issues for possible leave to appeal.
Land law – leave to appeal under section 47(1) – requirement of arguable point(s) of law. Civil procedure – representative suit – sufficiency of affidavit disclosure vs. requirement to annex originating documents. Civil procedure – preliminary objections – threshold for valid preliminary objection (Mukisa Biscuit test). Time limits – effect of non‑annexure of extension-of-time order on competence/time‑bar defence.
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20 July 2018 |
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Leave to appeal refused where applicant failed to show a triable issue or procedural irregularity warranting appeal.
Civil procedure – leave to appeal – discretionary where proposed appeal must have reasonable prospects of success or reveal disturbing features (Harban test). Land law – ownership dispute – assessment of evidence by District Land and Housing Tribunal; compliance with Regulation 21(1) of GN No. 174/2003. Procedure – rectification of title deed and counterclaim – whether tribunal can adjudicate ownership absent a counterclaim. Requirement to attach the decision intended to be appealed when seeking leave.
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20 July 2018 |
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An application for injunction citing the wrong sub‑rule (Rule 1(b) instead of Rule 1(a)) is incompetent and rightly struck out with costs.
Land – Temporary injunctions – Order XXXVII Rule 1(a) v Rule 1(b) – Requirement to cite specific statutory provision – Wrong citation fatal to competence of application – Preliminary objection disposing of matter.
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20 July 2018 |
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Court granted the applicant leave to file a notice of appeal and leave to appeal out of time due to public funds involvement.
Leave to appeal out of time – Land Disputes Courts Act s.47(1); Appellate Jurisdiction Act s.11(1); Order XLIII r.2 CPC – unexplained delay – public funds/public interest – right to be heard – filing timetable imposed.
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20 July 2018 |
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Omitting the specific sub‑rule when citing Order XXXVII renders a temporary injunction application incompetent and it may be struck out.
Civil procedure — Temporary injunctions — Necessity to cite the exact statutory provision (Order XXXVII Rule 1(a) or (b)) — Non‑citation renders application incompetent; Section 95 (inherent powers) not a substitute for specific procedural provision; preliminary objection determining competence.
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20 July 2018 |
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Earlier purchase does not establish trespass; respondent failed to identify or prove the disputed land, so appeal allowed.
Land law – boundary/trespass dispute – necessity for clear description and identification of disputed parcel and evidence of extent of trespass. Evidence – burden of proof in land disputes – earlier purchase alone not decisive to establish trespass. Procedure – failure to visit locus in quo or to join vendor must be considered in light of adequacy of evidence.
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20 July 2018 |
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Plaintiff failed to prove title; defendant's possession and bequest claim supported dismissal of the trespass suit.
Land law – ownership dispute – burden of proof on claimant to prove title; documentary reliability and annexure; non-joinder of seller; possession and bequest as defence to trespass; weight and credibility of oral evidence.
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20 July 2018 |
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Court found unlawful sharing/use of plaintiff's telecom site; ordered equipment removal, awarded Tshs.10,000,000 and costs.
Land law – ownership and lease – admissibility of written lease documents (Evidence Act s.100) – ex parte proof – unlawful use/sharing of telecom tower – reliefs: removal of equipment, general damages, costs.
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20 July 2018 |
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Appellant failed to establish ownership or entitlement to compensation because relied documents were inconsistent and referred to a different plot.
Land law – Proof of ownership – Validity and relevance of title deeds and sale agreements – Documents referring to different plots and inconsistent terms are inadmissible to establish title; Evidence – insufficiency of documentary and oral evidence to prove ownership; Compensation – entitlement on acquisition depends on proven ownership; Civil procedure – appellate hearing on one-sided written submissions where respondent failed to file reply.
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20 July 2018 |
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Appellant failed to prove permission to build; assessors’ written opinions cured their absence; appeal dismissed with costs.
Land law – trespass – construction of septic tank and wall on another’s plot – burden to prove consent to use land (written agreement/evidence). Appellate review – second appeal – limited scope to disturb findings of fact and credibility by lower tribunals. Court procedure – role and attendance of assessors under Land Disputes Courts Act (Sections 23, 24) – written assessors’ opinions may validate absence at judgment delivery.
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20 July 2018 |
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Leave to appeal granted where revocation of Right of Occupancy raised arguable legal errors and required appellate guidance.
Land law – revocation of Right of Occupancy – requirement for notice/warning and exhaustion of remedies under Land Act (s.45(4)) – leave to appeal – test for leave (reasonable prospects or disturbing features) (Harban Haji Mosi principle).
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16 July 2018 |
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Alleged oral gift of land invalid under Land Act; respondent retains lawful ownership.
Land law – disposition of land – requirement that dispositions be in writing (s.54(1) Land Act) – purported oral gift – invalidity – nemo dat quod non habet – evidential burden of proving transfer of title.
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13 July 2018 |
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Application to extend time to file leave allowed because alleged illegality and technical striking-out justified extension.
Civil procedure – Extension of time under s.11(1) AJA – Illegality of impugned decision as sufficient reason; Appeal procedure – appeals struck out on technical grounds – party not punished twice; Negligence of former counsel – relevance when applicant acts promptly to remedy defects.
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13 July 2018 |
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Stay of execution granted where unresolved compensation issue risks irreparable loss pending appeal.
Civil procedure – Stay of execution under Order XXI Rule 24(1) – Requirement of sufficient cause, serious triable issues and irreparable loss; unresolved compensation claims and balance of convenience.
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13 July 2018 |
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Appellate court deferred to trial credibility findings and dismissed appeal, upholding respondent's ownership and nemo dat application.
Land law – ownership dispute over a 15x15 parcel – proof by written sale agreement and oral testimony; credibility of witnesses Evidence – weight and credibility of witness testimony; appellate deference to trial tribunal's findings Property law – nemo dat: a person without legal title cannot pass good title Civil procedure – appeal against concurrent findings of Ward Tribunal and District Land and Housing Tribunal
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13 July 2018 |
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An application for extension is res judicata and an abuse where a prior court granted time and the appeal is pending.
Civil procedure – Res judicata – Application for extension of time – Where High Court granted leave to appeal out of time and appeal is pending, subsequent similar application in another forum is barred by s.9 Civil Procedure Code and constitutes abuse of process; revision is not alternative to appeal.
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13 July 2018 |