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Citation
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Judgment date
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| March 2018 |
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A plaint omitting the subject-matter value fails to establish jurisdiction and will be rejected.
Civil Procedure – Order VII R.1(f) & (i) CPC – plaint must disclose facts establishing territorial and pecuniary jurisdiction; statement of value of subject matter mandatory where case admits; omission renders plaint incompetent. Preliminary objection on jurisdiction may be raised in submissions.
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14 March 2018 |
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An auction purchaser's prior lawful purchase prevails; subsequent sale and registration by a vendor without title is void.
Land law – mortgagee’s public auction sale – transfer/registration – nemo dat quod non habet – validity of subsequent sale and registration – bona fide purchaser – trespass and damages for wrongful occupation.
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12 March 2018 |
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Occupants who fail to prove title to land inside a forest reserve are trespassers and not entitled to compensation after eviction.
Land law – Forest reserve – Occupation within Pugu Forest Reserve – Trespass; Burden of proof – claimant must prove title; Representative suits – each plaintiff must prove individual claim; Compensation – trespassers not entitled to damages for eviction/demolition.
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9 March 2018 |
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A prior valid installment sale bars the seller from validly selling the same land to another buyer.
Land law – competing sale agreements; installment sale agreement; payment in instalments; estoppel against seller; breach of contract; effect of non-joinder of original seller.
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9 March 2018 |
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Appellate court found the appellant’s sale agreement valid, payment proved, and trial tribunal’s procedural irregularities rendered its decision unsafe.
Land law – Sale agreement – validity of written agreement (Exhibit D1) – alleged forgery – incomplete police investigation – procedural fairness: admission of document without opportunity to object and hearing in absence of advocate – failure to call critical witness (Ward Executive Officer) – adverse inference – ownership declared on proof of payment.
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9 March 2018 |
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Court set aside mortgage sale for irregularity and conflict of interest despite proven outstanding indebtedness.
Land law – mortgagee’s power of sale; requirements of notice under Land Act (ss.125/127/131); auction irregularity and conflict of interest; purchaser who is bank officer; setting aside sale for fraud/irregularity; lawful set‑off of account withdrawals for interest.
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9 March 2018 |
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The respondent's counterclaim failed due to inadequate proof of sale and discrepancies in party identity.
Probate law – power of an administrator to sell estate property (s.101) – Burden of proof in contested probate sales (Evidence Act s.110) – Requirement to call material witnesses – Importance of correct party identity in title documents.
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2 March 2018 |
| February 2018 |
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Plaintiffs' claims dismissed for lack of proof of ownership; demolition held lawful within a gazetted mangrove reserve.
Land law — proof of customary title — sale agreements insufficient to establish ownership; Environmental law — mangrove reserve gazetted (Govt Notice No. 294 of 1941) — prohibition of settlement; Administrative action — mandate and inter-agency removal of encroachments; Procedural fairness — notice of demolition — exhibit as proof.
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28 February 2018 |
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Wrong statutory citation and an omnibus filing rendered the application incompetent and it was struck out with costs.
Civil procedure – preliminary objection – wrong citation of statute renders application incompetent; Limitation law – extension of time – proper provision is section 14(1) Law of Limitation Act; Civil procedure – omnibus application – enlargement of time and setting aside dismissal orders must be sought by separate applications; Striking out – incompetent application for wrong citation and omnibus nature.
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28 February 2018 |
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Court refused further speed-track extension and struck out plaint for failing to state the subject-matter value.
Civil procedure – Scheduling Order (Order 8A) – extension of speed-track period – court may depart in interest of justice but extensions require timely, justified applications.* Civil procedure – Pleadings (Order 7 Rule 1(i)) – requirement to state value of subject matter – failure to do so renders plaint incompetent and liable to be struck out.* Amendment of plaint (Order 7 Rule 11) – discretion to allow amendment may be refused where prior amendment was recently granted and further amendment is not in interest of justice.
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28 February 2018 |
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Court grants extension where delay in issuing judgment copy constituted sufficient cause for the applicant.
Appellate procedure — Section 11(1) Appellate Jurisdiction Act — extension of time to seek leave to appeal. Delay in issuance of trial court's judgment copy — constitutes sufficient cause for extension. Preliminary objections based on technical defects — curable; courts should avoid undue technicalities. Requirement for notice of appeal/record request — procedural but absence not necessarily fatal where sufficient cause exists.
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28 February 2018 |
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Court lacked jurisdiction because an extant notice of appeal remained on record absent an order striking it out.
Jurisdiction — pending notice of appeal — effect of failure to lodge appeal within time — deemed withdrawal vs. requirement of court order to strike out notice under Rule 102(1) — application rendered incompetent where notice remains on record.
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27 February 2018 |
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Plaintiffs' claim for lease extension and indemnity dismissed; successor landlord entitled to rent, counterclaim awarded Tshs 200,000,000.
Land law – successor landlord rights after liquidation; lease renewal and variation – burden of proof; MOU obligations vs lease rights; rent arrears and set‑off for renovation costs; arbitration clause inapplicable where defendant not party; adverse possession not established.
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27 February 2018 |
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Unauthorized sub‑ward allocations do not override a registered right of occupancy; occupants held to be trespassers.
Land law – Land allocation authority – Sub‑Ward allocations vs statutory Land Allocation Committees – Validity of village/sub‑ward certificates; Registered right of occupancy and Title Deed – Surrender for survey and change of land use – Trespass – Burden of proof on development and damages.
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27 February 2018 |
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An affidavit must show it was sworn or affirmed; "Signed and Delivered" is insufficient, so the application was struck out.
Affidavit — Jurat — Requirement that affidavit be sworn or affirmed before Commissioner for Oaths — "Signed and Delivered" not equivalent to "Sworn or Affirmed" — Incompetent affidavit — Preliminary objection — Application for extension of time struck out.
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26 February 2018 |
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Prima facie case found but injunction refused because applicant failed to show irreparable harm; damages deemed adequate.
Land – Interim injunction – Applicant alleged trespass and sought interlocutory restraint – Court considered Atilio test (prima facie case; irreparable injury; balance of convenience) – Prima facie case found but irreparable loss not proved because damages adequate – Application dismissed.
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26 February 2018 |
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Application to restore suit dismissed for want of prosecution refused for insufficient cause and belated medical evidence.
Civil procedure – Order IX r.4 – Setting aside dismissal for want of prosecution – Requirement to show sufficient cause – Production of medical evidence – Afterthought and late tender – Counsel’s negligence/casual attitude – Restoration refused.
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23 February 2018 |
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A unilateral mistake by the government does not void a valid sale contract; plaintiff awarded damages and purchase refund.
Contract law – formation and enforcement – sale agreement with government agency – offer, acceptance and proof of payment. Mistake of fact – unilateral versus mutual mistake – unilateral mistake does not void contract absent non est factum or mutual mistake. Administrative/Government proceedings – requirement of 90 days' notice – compliance and competence of suit. Evidence – burden of proof and requirement to produce documentary proof for alleged prior sale/tender. Remedies – repudiation as breach, damages and refund where rescission impracticable due to demolition.
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23 February 2018 |
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Applicant failed to prove spouse status or satisfy Atilio v Mbowe criteria; injunction against mortgage dismissed.
Land law – mortgage of matrimonial home – spousal consent under Law of Marriage Act s59(1) and Land Act s114(1) – mandatory disclosure under s114(2) – temporary injunction tests (Atilio v Mbowe) – requirement of registrable interest/caveat to invoke protection.
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23 February 2018 |
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Sale by a non-registered person was void; registered proprietor retains title; buyer must seek personal remedy for the loan.
Land law – Registered title – Owner means person in whose name estate is registered; sale by non-registered person cannot pass title; caveat emptor and buyer’s duty of diligence; contracts void ab initio where consent/authority lacking; formal defects (forgery/disputed signature, lack of attesting advocate, non-registration, no stamp duty) invalidate conveyance.
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22 February 2018 |
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Ex‑parte judgment set aside where the applicant proved illness and official travel prevented appearance; remitted for inter‑partes hearing.
Land law – set aside of ex‑parte judgment – sufficient cause – official duty and hospital admission as grounds for non‑appearance. Civil procedure – review of tribunal decision – consideration of affidavits and supporting documents. Remedy – appeal allowed, costs awarded, matter remitted for inter‑partes hearing.
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22 February 2018 |
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Limitation accrued on discovery of trespass; respondent proved title to four acres and appeal dismissed with costs.
Land law – recovery of land; Limitation – cause of action accrues on discovery of trespass (2015) and 12‑year limit under Item 22; Burden and standard of proof – claimant must prove title on balance of probabilities; Evidentiary weight – uncertain sale agreements lacking demarcation carry little weight; Appellate procedure – chairperson may differ from assessors if reasons are given (s.24 Land Disputes Courts Act).
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22 February 2018 |
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Failure to serve the statutory 90‑day notice on RITA (a government agency) rendered the plaint incompetent and led to strike out.
Government proceedings – requirement to serve 90‑day notice under section 6(2) of the Government Proceedings Act – effect of non‑compliance (incompetent plaint/strike out). Office of the Attorney General (Discharge of Duties) Act s.8(2)(a) – Attorney General performs Administrator General functions – RITA characterised as a government agency. Procedure – preliminary objection on point of law – merits and consequence of failing to comply with statutory pre‑action notice.
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21 February 2018 |
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Interlocutory injunction application struck out for being instituted under non-existent statutory provisions; parties to bear own costs.
Civil procedure – interlocutory injunction – application incompetent where brought under non-existent/wrong statutory provisions – striking out. Procedural irregularity – wrong citation of law – proceedings brought under wrong provisions are incompetent (Court of Appeal authority). Costs – where defect raised suo motu by court, each party to bear own costs.
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21 February 2018 |
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Application for review filed one year three months late; statutory 30‑day limitation not met, application dismissed with costs.
Limitation law – Review applications – Part III, First Schedule to the Law of Limitation Act prescribes 30 days for review – late filing without extension fatal – preliminary objection upheld.
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21 February 2018 |
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High Court quashed lower decisions and remitted the boundary dispute for retrial with a mandatory locus in quo inspection.
Land—boundary dispute; credibility of sale agreements; need for parties to state land sizes; necessity of locus in quo inspection by trial Tribunal; remittal for de novo hearing.
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20 February 2018 |
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High Court has jurisdiction over a land‑auction dispute; omission of administrator’s name is curable by amendment.
Land jurisdiction – Pecuniary jurisdiction under s.37(1)(a) and (b) LDCA – value and subject matter determine jurisdiction. Subject‑matter – dispute arising from purported auction of immovable property constitutes a land matter, not merely ancillary to loan recovery. Civil Procedure – Order VII r.1(f) CPC – plaint must contain facts showing court’s jurisdiction; territorial and pecuniary facts sufficient. Pleadings – misdescription/omission of a plaintiff (administrator) curable by amendment when identity evidenced by annexed letters of administration.
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19 February 2018 |
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Proceedings were quashed because the seller, a necessary party to the sale agreement, was not joined and had no opportunity to be heard.
Civil procedure – non-joinder/necessary party – sale agreement binds only contracting parties; omission of seller is fatal. Property law – validity and effect of sale agreements – rights arise only between parties to contract. Right to be heard – orders affecting a non-joined party’s rights violate natural justice and warrant quashing. Res judicata – issue considered but not dispositive where necessary party was omitted.
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19 February 2018 |
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Lower tribunals’ failure to properly evaluate evidence and rely on an unsigned document justified quashing their decisions.
Land law – trespass; evaluation of evidence – duty to call material witnesses and properly assess documentary evidence; unsigned documents/unproved letters unreliable; locus in quo – requirement for evidence of visit and demarcation; appellate intervention where lower tribunals misevaluate facts.
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19 February 2018 |
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Appeal allowed and retrial ordered because the third‑party purchaser was not joined as a necessary party.
Land law – ownership dispute – non‑joinder of purchaser/trespasser as necessary party – non‑joinder fatal; admissibility/tender of sale agreement; retrial ordered.
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16 February 2018 |
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An applicant challenging an ex‑parte tribunal judgment must first apply to set aside the ex‑parte order before seeking revision.
Land law – Revision jurisdiction – where impugned decision was given ex‑parte, applicant must first apply to set aside ex‑parte order under Reg 11(2), GN. No. 174/2002; competence of revision; service by affixation; preliminary objections on limitation, defective chamber summons and affidavit; abuse of process.
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16 February 2018 |
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Parties lacked locus standi to litigate ancestral land absent proof of title or appointment of estate administrator.
Land law – ancestral/forefathers’ land – requirement of proof of title or lawful authority to sue; Probate law – section 99 Probate and Administration of Estates Act – executor/administrator as legal representative and vesting of estate property; Civil procedure – locus standi – proceedings instituted by persons without authority are void ab initio; Evidence – burden to prove alleged grant or transfer of land; Tribunals – validity of proceedings where parties lack legal standing.
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16 February 2018 |
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Appeal from District Land and Housing Tribunal struck out as time‑barred under s.38(1) Land Disputes Courts Act.
Land law – Appeals from District Land and Housing Tribunal – time limit 30 days under s.38(1) Land Disputes Courts Act – appeal filed after 70 days – time‑barred. Civil procedure – Requirements for appeals under s.38(2) LDC Act – appeals by petition filed in District Tribunal; no requirement to annex decree; Order XXXIX R.1(1) CPC inapplicable.
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15 February 2018 |
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Respondents held in civil contempt for disobeying a status-quo order and fined or alternatively imprisoned.
Contempt of court – Maintenance of status quo order – Committal proceedings for civil contempt – Fine as alternative to imprisonment – Principal’s liability for acts of agent – Effect of non-service defence when prior ruling conclusively determines contempt.
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15 February 2018 |
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Extension application struck out for being brought under the wrong statutory provision; costs awarded.
Civil procedure – extension of time – proper enabling provision – Law of Limitation Act s14(1) versus Land Disputes Courts Act s41(2); consequence of citing wrong provision – application incompetent and struck out; preliminary objection and unopposed defects; costs awarded.
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14 February 2018 |
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A late amendment that alters a suit’s nature and an affidavit based on hearsay justify striking the application out.
Civil procedure – amendment of pleadings – Order VI Rule 17 – amendment not allowed where it would change the nature of the suit; Affidavit evidence – Order XIX Rule 3 – deponent cannot swear on behalf of absent third party; hearsay – incurably defective affidavit; Application struck out with costs.
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14 February 2018 |
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Injunction lapsed after six months without extension, so corporate officers not liable for contempt; application dismissed with costs.
Civil procedure — Interim injunction — Duration and expiration under Order XXXVII Rule 3 CPC — Extension procedure; Contempt — Liability of corporate officers for breach of injunction against corporation; Affidavit verification — Adoption of another deponent’s affidavit as sufficient disclosure of source; Pleading — No separate veil‑piercing provision required to hold officers liable for contempt.
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14 February 2018 |
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Delay in receiving tribunal copies does not automatically justify extension of time; applicants failed to show sufficient cause or prospects of success.
• Civil procedure – extension of time – section 14(1) Law of Limitation Act – sufficiency of cause to enlarge time to file appeal. • Land Disputes Courts Act s.38 – sixty-day appeal period; duty of District Land and Housing Tribunal to dispatch record. • Prospects of success – mere assertion insufficient to justify extension.
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7 February 2018 |
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Court ordered release from attachment where attached property was not shown to belong to the judgment debtor.
Civil procedure – Objection to attachment of property – Order XXI Rule 57 – investigation of claims and objections to attached property; Burden of proof – party asserting ownership must prove title or liability to attachment; Executions – improper attachment of property not belonging to judgment debtor; Procedural objections (citation/technical defects) will not defeat substantive investigation under Order XXI Rule 57.
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2 February 2018 |
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DLHT lacked jurisdiction because the same dispute over a sold matrimonial property had been finally decided by a competent court.
Civil procedure – res judicata – application of section 9 Civil Procedure Code (Cap 33 R.E.2002) where matter previously heard and finally decided by a competent court – subsequent proceedings null and void. Jurisdiction – District Land and Housing Tribunal lacked jurisdiction to entertain a dispute already decided by Resident Magistrate’s Court. Execution/auction of matrimonial property – prior challenge in competent court bars re-litigation.
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2 February 2018 |
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Court granted extension to file appeal, holding delay in obtaining documents constituted sufficient cause.
Extension of time — discretion to grant under s.14(1) Law of Limitation Act; "sufficient cause" — wide interpretation; delay in obtaining court documents as sufficient cause; absence of dilatory conduct; costs — each party to bear own costs.
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2 February 2018 |
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Mortgage and auction of matrimonial property void where spouse did not consent and lender failed to verify spouse's identity.
Land law – Matrimonial property – Spousal consent to mortgage – Lender’s duty to verify identity and marital status of spouse purportedly consenting – Mortgage and auction void where spouse did not consent – Order for return of property and refund to purchaser.
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2 February 2018 |
| January 2018 |
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Forgery of the plaintiff's signature rendered the purported sale void; plaintiff restored as owner with damages and costs.
Land law – alleged sale of registered land – disputed signatures – forensic handwriting evidence admissible and probative; consensus ad idem required under Law of Contract Act s.10; sale void ab initio for lack of consent; sale to third party nullified; award of general damages and costs.
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22 January 2018 |
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Applicant’s challenge to mortgage sale failed: notice, auction procedure and purchase were lawful; suit dismissed with costs.
Land law – mortgagee’s power of sale – notice under s.127 Land Act and effect of negotiations/part payments. Duty to obtain best price – s.133 Land Act – need for contemporary valuation to prove sale below market. Public auction procedure – advertisement and competitive bidding requirements. Burden of proof for allegations of collusion and for special damages. Claims on movables after sale – requirement to promptly assert and prove unlawful seizure.
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22 January 2018 |