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Citation
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Judgment date
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| June 2018 |
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An application citing wrong statutes and combining incompatible reliefs is incompetent and is struck out with costs.
Civil procedure – competence – Proceedings instituted under wrong statutory provisions – Non-citation of enabling provision renders application incompetent; Civil procedure – omnibus applications – Distinct reliefs (stay of execution and revision) cannot be combined in one application; Land disputes – proper provision for revision is Section 41, Land Disputes Courts Act.
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8 June 2018 |
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Application to set aside dismissal for non-appearance dismissed for failure to prove sufficient cause.
Civil Procedure – Order IX Rule 9(1) – Setting aside dismissal for non-appearance – Requirement to show sufficient cause – Need for corroborative evidence (cause list, summons, affidavits) – Discretionary relief.
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8 June 2018 |
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Temporary injunction granted to restrain sale/eviction where applicant alleges lack of spousal consent and risk of irreparable harm.
Civil procedure – interim injunction – requirements: prima facie case, irreparable harm, balance of convenience; mortgage disputes involving alleged lack of spouse's consent; Order XXXVII and Section 68(c) CPC.
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8 June 2018 |
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Application for extension of time struck out due to misjoinder of parties and different subject matters.
Land law — procedure — extension of time for appeal — misjoinder of parties — Order 1 Rules 3, 9 and 10 Civil Procedure Code — distinct causes of action; party not in original proceedings cannot be joined as appellant.
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7 June 2018 |
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Leave to appeal granted to determine whether statutory notice was required before reallocation of allegedly abandoned village land.
Land law — Leave to appeal — Point of law — Village Land Act ss 39(1)(a), 45(1)(a) — Notice before reallocation of abandoned village land — Exceptional circumstances — Time limitation for leave (Court of Appeal Rules r.45(b)).
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6 June 2018 |
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Plaintiff's 1988 offer invalid due to pre-existing registered grant; defendant's registered title prevails.
Land law – validity of administrative letter of offer – effect of prior existing grant; Registered title and deed of conveyance – evidentiary weight; Village council powers to allocate land; Right of occupancy and possession; Validity of survey where prior registered grant exists.
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1 June 2018 |
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Mortgage held valid where mortgagor’s affidavit declared non‑matrimonial status; plaintiff failed to prove marriage or lack of consent.
Land law – Mortgage – Requirement for spousal consent where land is matrimonial – Bank’s due diligence under s.114 Land Act (as amended) – Affidavit by mortgagor declaring non‑matrimonial status; Evidence – burden on plaintiff to prove matrimonial status.
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1 June 2018 |
| May 2018 |
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A final decision by competent tribunals bars a fresh suit on the same cause between the same parties; appeal was the remedy.
Civil procedure – Res judicata – Application of section 9 Civil Procedure Code – Requirements: same matter, same parties, same title, competent court, heard and finally decided. Prior Ward Tribunal and District Land and Housing Tribunal decisions bar subsequent suit on same land and causes. Remedy when aggrieved by tribunal decision is appeal, not a fresh suit.
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31 May 2018 |
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Applicant failed to show good cause for extension of time to file review; application dismissed.
Extension of time – section 14(1) Law of Limitation Act – requirement to show good cause; applicant must account for each day of delay; duty to demonstrate diligence and prompt steps (produce proof of requests); death of spouse not automatically sufficient excuse; delay must be supported by evidence (Bushiri principle).
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31 May 2018 |
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Leave to appeal denied where no point of law shown and time-barred proceedings are properly dismissed.
Civil procedure – Leave to appeal – discretionary remedy – grantable where point of law or public importance exists; Limitation – where defence of limitation is established the proper remedy is dismissal, not striking out.
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31 May 2018 |
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Applicant's claim for damages failed for lack of proof; eviction/attachment upheld because lease had ended.
Landlord and tenant — termination of tenancy — effect on eviction and attachment; Special damages — must be specifically pleaded and strictly proved; Land Act s.102 (distress for rent/court broker) — not applicable where dispute does not concern rent arrears.
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31 May 2018 |
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Appellants failed to prove termination or reallocation of the respondent’s tenancy; tribunal decision upheld and appeal dismissed with costs.
Land law – Tenancy/allocation of plots – Requirement that landlord prove termination of implied tenancy for non‑payment or failure to develop. Evidence – Need for documentary proof (minutes) to show reallocation of land and transfer between plot numbers. Possession – Receipt and acts of development as evidence of occupation and tenancy rights. Procedural proof – Failure to produce corroborative documents undermines claim of reallocation.
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28 May 2018 |
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Applicant granted 30-day extension to file out-of-time appeal due to sufficient cause—delay in obtaining certified judgment copies, no negligence.
Land Disputes Courts Act s.38(1) & (2); Order XLIII r.2 CPC — extension of time to file appeal — sufficient cause — delay in supply/certification of judgment copies — advocate's conduct; negligence in prosecution of appeal.
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25 May 2018 |
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An earlier unrevoked land allocation prevails over a later double allocation; appellant’s six-year possession was insufficient.
Land law – double allocation – earlier unrevoked letter of offer prevails; later allocation void ab initio if no revocation. Land surveying – incomplete demarcation may produce apparent different measurements but not necessarily different plots. Evidence – hearsay and non-joinder of third-party vendor; burden on claimant to call material witnesses. Possession – short occupation and partial development do not constitute acquisition by prescription absent statutory period.
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25 May 2018 |
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Applicant failed to meet requisites for a temporary injunction to restrain bank enforcing mortgage; application dismissed.
Civil procedure – Temporary injunctions – Applicant must establish three requisites: serious question to be tried/probability of success, irreparable injury, and balance of convenience (Atilio v Mbowe). Contract law – Courts reluctant to interfere with contractual remedies, including mortgage enforcement, absent compelling justification. Equitable relief – Monetary compensation may be adequate where respondent can meet damages.
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25 May 2018 |
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Leave to appeal granted to decide whether the trial court properly dismissed the applicants' land claim and related ownership issues.
Land law – leave to appeal – whether points of law fit for determination by Court of Appeal regarding dismissal, ownership and evidential sufficiency. Civil procedure – ex parte proceedings – respondent served but failed to file counter-affidavit, justifying ex parte consideration. Evidence – sufficiency of respondent’s evidence to disentitle applicants' ownership; status as licensee vs owner.
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25 May 2018 |
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Sale of a jointly owned matrimonial house without the applicant’s consent is void; purchaser must inquire before transfer.
Matrimonial property – sale without spouse’s consent – Law of Marriage Act s59(1) – Land Act s161(3)(b) – purchaser’s duty to inquire – nullity of transfer – declaratory and possessory relief; costs.
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25 May 2018 |
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Leave to appeal granted where applicant raised arguable legal issues about witnesses and assessors' opinion.
Land law – Leave to appeal under S.47(1) Land Disputes Courts Act – requires demonstration of a point of law; Evidence – necessity of additional witnesses to prove a case; Procedure – effect and legality of a trial chairperson departing from assessors' unanimous opinion.
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25 May 2018 |
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Applicant showed sufficient cause for delay; court extended time 30 days to file notice and leave to appeal.
Appellate Jurisdiction Act s.11(1) – application for extension of time to file notice and for leave to appeal out of time – sufficient cause – applicant must account for delay but short unexplained delay may not be inordinate – discretion to extend time; costs each party to bear.
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25 May 2018 |
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Plaintiff’s title upheld; purported sale and registration voided, unlawful eviction found, damages and re-registration ordered.
Land law – ownership and title – fraudulent sale and registration – eviction – unlawful dispossession – damages and re-registration order; registration procured by fraud is null and void; remedies include damages, interest, and administrative re-registration.
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25 May 2018 |
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Absence of probate letters does not automatically invalidate a land sale; appellant's title upheld on appeal.
Land law – title dispute – validity of sale where sellers are heirs – absence of probate letters does not automatically invalidate a sale; Evidence – appellate re-evaluation of facts on first appeal; contradictions and failure to call material witness undermine possession claims; Civil procedure – improper tendering of evidence at appeal stage (graveyard photos).
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18 May 2018 |
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Appellate tribunal wrongly dismissed appeal despite finding prior allocation and uninterrupted possession; judgment set aside and costs awarded.
Land law – allocation and possession – Prior village allocation and undisturbed occupation – Effect of Limitation Act; Appellate review – error where tribunal dismisses appeal despite favourable factual findings; Relief and remedies – tribunal cannot compel a non‑party village to allocate land; Civil procedure – adversarial system requires definitive resolution between parties.
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18 May 2018 |
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A review application is time-barred if not filed within 30 days of the decision; extension must be sought before filing.
Civil Procedure – Review – Limitation period – Part III Rule 3 of Schedule to the Law of Limitation Act Cap.89 R.E.2002 fixes 30 days from date of delivery of decision for review applications. Limitation – Computation of time – Time runs from date of delivery of decision, not from date of applicant’s knowledge/notification. Procedure – Where 30-day period has expired, an applicant must first seek enlargement of time before instituting review. Preliminary objections – Time-barred review application deprives court of jurisdiction and may be struck out.
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18 May 2018 |
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High Court Land Division has pecuniary jurisdiction where the plaint values the land at TShs 200,000,000, so preliminary objection dismissed.
Civil procedure – Preliminary objection – Pecuniary jurisdiction under section 13 of the Civil Procedure Code – Suit for land valued at TShs.200,000,000 properly in High Court Land Division. Civil procedure – Preliminary objection – Res sub judice objection abandoned and not determined. Land law – jurisdictional limits of District Land and Housing Tribunal versus High Court.
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18 May 2018 |
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Application for certificate to appeal struck out where submissions introduced new, unadopted points contrary to supporting affidavit.
Civil procedure – application for certificate to appeal under s.47(2) Land Disputes Courts Act – compliance with supporting affidavit and pleadings required. Parties bound by their pleadings – new grounds in written submissions without adoption/abandonment of affidavit improper. Procedural default/want of prosecution – strike out of application justified.
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18 May 2018 |
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Applicant's failure to prove ownership justified appellate tribunal setting aside the ward tribunal and upholding respondent's sale agreement.
Land law – proof of ownership – burden of proof on the party alleging title; weight of written sale agreement versus oral family possession; appellate review of tribunal's evaluation of evidence.
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18 May 2018 |
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Leave to appeal granted because the applicant demonstrated points of law meriting Court of Appeal consideration.
Leave to Appeal – discretionary remedy – granted where there is a point of law or public importance; affidavit must disclose points requiring Court of Appeal intervention; default judgment argument not determinative of leave application.
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18 May 2018 |
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Failure to file court‑ordered written submissions due to counsel’s unexplained negligence led to dismissal of the application with costs.
Civil procedure — Failure to file written submissions — Effect: tantamount to failure to prosecute — Dismissal; Extension of time — Advocate's negligence not sufficient cause; Unsupported excuses and delaying tactics — refusal to extend time; Costs awarded to respondent.
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18 May 2018 |
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Court dismissed preliminary objections (citizenship, fraud, non‑joinder, limitation) and allowed the case to proceed; separate matter proceeded ex parte.
Land law – preliminary objections – Mukisa test; non‑joinder of government instrumentality; limitation period for declaratory relief; citizenship and ownership of land; ex parte proceedings where defendants default.
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18 May 2018 |
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Temporary injunction refused where applicant failed to prove a triable issue or imminent sale, application dismissed without costs.
Civil procedure – Temporary injunction – Requirements under Attilio v Mbowe: serious triable issue, irreparable injury, balance of convenience – Allegations of imminent sale must be proved – Vague/unspecified claims and unidentified principals cannot sustain injunctive relief.
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15 May 2018 |
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An appeal filed five days after the statutory 45‑day limit under s.41(2) is dismissed with costs.
Land Dispute Courts Act s.41(2) – statutory 45‑day limitation for appeals; appeal filed on 50th day – time‑barred; ex parte hearing of preliminary objection; dismissal with costs.
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14 May 2018 |
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An appeal filed to the High Court instead of first filing in the District Land and Housing Tribunal is incompetent and struck out.
Land disputes – Appeals – Requirement under section 38(2) Land Disputes Courts Act that petition of appeal to High Court be filed in the District Land and Housing Tribunal first – mandatory nature of "shall" under section 53(2) Interpretation of Laws Act. Civil procedure – Competence of appeal – improper forum – appeal struck out for non‑compliance with statutory filing procedure. Procedure – Annexures to memorandum of appeal – attachments not provided for by statute may be objectionable. Time bar – computation under section 38(1) Land Disputes Courts Act – appeal in this case within sixty days.
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12 May 2018 |
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Sale to respondent included the plot; tribunal properly evaluated evidence; appeal dismissed with costs.
Land law – sale of Government property – whether sale of house included surrounding plot; evaluation of evidence by trial tribunal; locus in quo visits – when necessary; locus standi to sue following transfer of ownership; limitation defence – preliminary objection overruled.
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11 May 2018 |
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Plaintiff proved ownership of 11 unsurveyed acres; court found defendants trespassed, granted injunction, damages and costs.
Land law – registered title versus private sale agreement – ownership of registered plot (Land Registration Act) and ownership of unsurveyed parcel by sale agreement; trespass – intrusion and development after plaintiff’s right accrued; remedies – declaration of ownership, prohibitory injunction, general damages and demolition of trespassers’ works; Village Land Act (s.8(5)) not fatal to a private disposition between individuals.
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11 May 2018 |
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Court struck out the applicant’s suit as res subjudice and held pre-emptive preliminary objections improper.
Civil procedure — Preliminary objection — A party may not pre-empt an earlier preliminary objection by lodging a subsequent one; later pre-emptive objections may be reserved or not entertained. Civil procedure — Res subjudice (s.8 CPC) — Requirements: prior suit pending, same parties or title, same substantial subject matter, competent court — meeting these requirements bars the later suit. Pleadings — Verification (Order VI r.15(3) CPC) — defect alleged but not decided because objection was pre-emptive and reserved.
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11 May 2018 |
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Applicant failed to satisfy Atilio v Mbowe requirements; temporary injunction application dismissed, no costs ordered.
Civil procedure – temporary injunction – requirements under Order XXXVII Rules 1(a),(b) & 2 and section 95 CPC – Atilio v Mbowe three-part test: prima facie case/probability of success; irreparable harm; balance of convenience. Procedural defect – inconsistency between chamber summons and supporting affidavit does not preclude determination on merits but undermines clarity of relief sought. Evidence – affidavit must specify nature of irreparable injury and why damages are inadequate.
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11 May 2018 |
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Applicant failed to satisfy injunction criteria; preliminary objection dismissed for non‑compliance and substantive application allowed to proceed.
Civil procedure – Interim relief – Temporary injunction – three conditions: serious question to be tried/probability of success; irreparable injury; balance of convenience. Applicant failed to establish prima facie case, irreparable harm, or favorable balance of convenience; injunction dismissed with costs. Civil procedure – Preliminary objection – non-compliance with court order to file written submissions – objection dismissed for want of prosecution. Limitation – Application to set aside dismissal held within 30-day time limit (Limitation Act, Part III, Item 9).
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11 May 2018 |
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An application re‑launching time‑barred review proceedings was held res judicata and dismissed under s.3(1) Law of Limitation Act.
Civil procedure – Res judicata – Relaunching of proceedings after dismissal for being time-barred. Limitation law – Section 3(1) Law of Limitation Act – effect of dismissal on ability to refile. Relief – extension of time to seek review – impermissible if substantively identical to earlier struck out application. Costs – repeated, vexatious or irregular proceedings dismissed with costs.
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11 May 2018 |
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Plaintiffs lacked locus standi because the land was allocated to an association, so the suit was struck out.
Land law – allocation of land by village authority – allocation to an association rather than individuals – locus standi to sue. Civil procedure – ex parte proceedings – claimant must prove case on balance of probabilities. Unregistered association – inability of individuals to sue in their personal capacity for rights allocated to association.
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11 May 2018 |
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Preliminary objection overruled because the application cited Section 47(1) Cap.216, rendering the court properly moved.
Civil procedure – application for leave to appeal – competence – requirement to cite enabling provision – Section 47(1) Land Disputes Courts Act (Cap. 216). Technical or superfluous citation of other statutes or rules (Appellate Jurisdiction Act, Court of Appeal Rules) does not render application incompetent if primary enabling provision is cited.
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11 May 2018 |
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Applicants failed to prove ownership; village allocation procedure was flawed and compensation remains unsettled, matter referred for local resolution.
Land law – disputed coastal allocation; village authority powers and procedural requirements for General Assembly resolutions; burden of proof in land possession claims; compensation and alternative-plot entitlement on grant or taking of villagers' land; remedial referral to village and district authorities.
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11 May 2018 |
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Appellant failed to prove land allocation; trial credibility findings and tribunal's constitution upheld; appeal dismissed with costs.
Land disputes — proof of ownership — oral evidence and lack of documentary proof; credibility of trial tribunal and weight of locus visit; Ward Tribunal composition — section 14(1) Land Disputes Courts Act; remedy for labour claims lies in Labour Tribunal.
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11 May 2018 |
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Temporary injunction refused where alleged under-compensation was compensable and respondent/public would suffer greater hardship.
Land law – temporary injunction – application to restrain entry and removal of property pending compensation claim arising from public power project Interim relief – requirements for interlocutory injunction – Atilio v Mbowe test: serious question to be tried, irreparable injury, balance of convenience Compensation claims – monetary relief generally compensable by damages; lack of irreparable injury defeats injunction Public interest and scale of project – relevant to balance of convenience
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11 May 2018 |
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Long uninterrupted occupation conferred ownership; heirs could not lawfully sell land they did not possess; appeal allowed.
Land law – Adverse possession/long uninterrupted possession – acquisition of title by occupation; Family/estate law – heir’s authority to administer and sell land previously given away; Civil procedure – appellate interference with trial tribunal’s credibility findings and weight of locus in quo inspection; Principle nemo dat quod non habet.
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11 May 2018 |
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Court restores dismissed land application, finding counsel’s concurrent lengthy hearing a sufficient cause to set aside dismissal.
Civil procedure – Setting aside dismissal for want of prosecution – Sufficient cause — Factors: promptness, valid explanation, diligence — Counsel’s engagement in another lengthy hearing accepted as sufficient cause (Benedict Mumello; Tanga Cement precedents).
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9 May 2018 |
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Pendency of a related Court of Appeal matter and the applicant’s multiple names constituted sufficient cause to grant extension of time.
Land law – Extension of time – Application under s.38 Land Disputes Courts Act and s.14 Law of Limitation Act – Judicial discretion – Requirement of sufficient cause – Sub judice doctrine (pending Court of Appeal proceedings) – Identity issues where parties use multiple names affecting linkage to pending appeal.
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8 May 2018 |
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Extension of time granted where High Court’s failure to supply judgment copies constituted sufficient cause.
Civil procedure – extension of time – sufficient cause – delay caused by court’s failure to supply copies of judgment and proceedings constitutes sufficient cause under section 11(1) AJA. Court of Appeal Rules 2009, r.49(3) – requirement that applications for leave be accompanied by copy of decision. Discretionary relief – factors: promptness, explanation for delay, diligence. Advocate negligence – not operative where delay attributable to non‑supply of court records.
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7 May 2018 |
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Representative suit permitted with public notice; separate High Court appeal dismissed as time‑barred for failure to seek leave.
Civil Procedure – Representative suits – Order 1 Rule 8(1) CPC – leave to sue on behalf of numerous persons; mandatory notice to interested persons by personal service or public advertisement. Evidence/Procedure – Allegation of forged claimant list – weight of denial where local official fails to appear. Appeals – Land Disputes Courts Act, s.38(1) – requirement to file High Court appeal within sixty days; need to apply for leave to file out of time; Order XXXIX R.1 CPC does not cure late filing.
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4 May 2018 |
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An omnibus chamber summons seeking distinct reliefs (extension, uplift of attachment, stay) is incompetent and struck out.
Civil procedure – omnibus application – chamber summons improperly joining distinct reliefs (extension of time; upliftment of attachment and sale; stay of execution) – such applications are incompetent and liable to be struck out. Distinct remedies requiring different procedures, considerations and timeframes cannot be combined in one chamber summons. Costs awarded where preliminary objection succeeds.
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4 May 2018 |
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Plaintiff failed to prove unpaid sale balance; purchase price held paid in full; both suit and counterclaim dismissed.
Land sale – Whether purchase price paid in full; documentary evidence prevailing over oral assertions; alleged overpayment and voluntary third-party payments; appurtenances and entitlement to movable property; evidentiary burden under section 110 of the Evidence Act.
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4 May 2018 |