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Citation
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Judgment date
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| September 2020 |
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Revision court remitted execution matter for proper inquiry where tribunal granted possession without addressing non-parties' claims.
Land – Execution of decree – Order XXI r.95 CPC – Persons resisting delivery of possession during execution – Executing tribunal must investigate objections of non-parties claiming rights in decretal property; Connected proceedings and multiplicity of suits – need for tribunal to determine objection/ownership applications during execution process.
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30 September 2020 |
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Failure to account for delay or show an apparent illegality justified dismissal of the extension application.
Land — Extension of time to file appeal; requirement to account for each day of delay; negligence of counsel not sufficient cause; alleged illegality (absence of assessors, non-joinder) must be apparent on face of record to justify extension.
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29 September 2020 |
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Administrator’s sale upheld despite alleged forgery; purchaser must pay balance and one-quarter encumbrance before possession.
Land law – sale by administrator – validity of transfer despite absence of beneficiaries' consent; Probate law – succession claims and shares fall within probate court jurisdiction; Evidence – admissibility of contested documents and alleged forged affidavits; Registrations – caveat validity (one-year effect) and effect on subsequent transfer; Equitable encumbrance – prior probate order creates enforceable share against purchaser.
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29 September 2020 |
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Administrator holding registered titles is prima facie owner; revocation invalid for lack of good cause and procedural defects.
Land registration – Certificates of Title as prima facie (and conclusive) proof of ownership under land titles system; Revocation of right of occupancy – statutory grounds for 'good cause' (s45, s45(2A) Land Act); Procedure for revocation – requirements of notice, opportunity to remedy and 90-day notice (ss47–48 Land Act); Administrative fact-finding – weight of Regional Commissioner’s field inquiry and absence of contrary evidence.
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28 September 2020 |
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Appellate court upheld ownership found from unchallenged collection of customary fees and ruled locus inspections unnecessary absent boundary dispute.
Land law – proof of ownership – evidential value of customary lease collections ("ngoto") as indicator of proprietary interest. Civil procedure – locus in quo inspections – visitation not mandatory absent boundary or factual disputes. Burden and standard of proof – balance of probabilities and credibility assessment where documentary title absent.
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28 September 2020 |
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Whether a previously served 30-day statutory notice remains valid for a subsequent High Court suit.
Local Government (Urban Authorities) Act s106 – statutory 30-day notice – validity and lifespan of notice – effect on competence of suit Civil procedure – preliminary objection – point of law when existence of document (notice) is determinative Order XIV Rule 1 CPC – framing of issues: not applicable to statutory notice validity question
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28 September 2020 |
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Delay in obtaining certified judgment and prompt follow-up constituted sufficient cause to extend time to appeal.
Land law – Extension of time – Section 41(2) Land Disputes Courts Act; delay in obtaining certified judgment/decree; applicant's diligence and prompt filing; ex parte proceedings.
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28 September 2020 |
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A director cannot be sued personally for company contracts unless the corporate veil is properly pierced.
Corporate personality – separate legal entity – lifting/piercing the corporate veil – requirement for pleadings and particulars of fraud or sham – misjoinder/wrong party – preliminary objection in Written Statement of Defence – eviction claim grounded on company contract.
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25 September 2020 |
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Court allowed correction of a typographical block-number error in a typed judgment under section 96 CPC; time-bar objection dismissed.
Civil Procedure – Correction of judgments – Section 96 CPC – typographical/slip errors – rectification of typed judgment from "B" to "8". Limitation – applicability of Law of Limitation to correction of typographical errors – not applicable where slip may be corrected informally. Review vs rectification – error on face of record versus slip of the pen – court may correct pure typographical errors without review.
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25 September 2020 |
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Plaintiffs proved ownership of land at Mbwawa; defendant’s titles cover Vikuruti; independent survey ordered to determine any encroachment.
Land dispute — location of disputed parcel (Mbwawa v Vikuruti) — proof of ownership by oral evidence and valuation report — inadmissibility/weight of inconsistent sale agreement — certificates of title limited to Vikuruti — independent survey by Director of Survey and Mapping ordered to determine encroachment and amend titles.
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25 September 2020 |
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Plaintiff proved title by 1985 sale and long possession; defendant’s purported allocation set aside and injunction granted.
Land law – proof of ownership by sale agreement and long possession; Evidentiary value of official searches and municipal/ministry records; Civil procedure – defective verification of pleadings; striking out Written Statement of Defence and counterclaim under Order VI Rule 14 CPC; Reliefs – declaratory judgment, nullification of purported allocation, perpetual injunction, costs; No award of general damages for lack of evidence.
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25 September 2020 |
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Delay to file a defence beyond statutory and grace periods cannot be excused by financial hardship.
Civil procedure — Extension of time to file written statement of defence — Order VIII r.1(1) and r.1(3) CPC — Calculation of time excluding date of service — Seven‑day grace period for applications — Financial hardship not "good cause" — Application filed out of time — Dismissal and ex parte proceedings.
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25 September 2020 |
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Mortgage of a matrimonial house without the spouse’s consent is void; bank failed to prove consent.
Land law – Matrimonial home – Requirement of spouse consent for alienation or mortgage – Law of Marriage Act s.59(1) and Land Act s.114(1), s.141 & s.142 – Evidence burden on mortgagee to prove consent or justification – Mortgage void for lack of spouse consent – Injunctive relief and costs.
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25 September 2020 |
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An unprocedural locus visit and misapplication of discretion warranted restoration of the dismissed appeal.
Procedure – Restoration of dismissed appeal – Application to set aside dismissal – Requirement to show "sufficient/good cause" for non-appearance. Procedure – Locus in quo/site visit – Tribunal not entitled to determine merits on its own motion during restoration proceedings without hearing parties. Discretion – Proper exercise of judicial discretion – courts to adopt a humane approach to bona fide mistakes to avoid denial of hearing on merits.
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25 September 2020 |
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High Court grants leave to appeal where prima facie questions arise over validity of a trustees' sale of land.
Civil procedure – Leave to appeal – Court will normally grant leave where prima facie grounds merit serious judicial consideration (Sango Bay Estates principle). Land law – Validity of sale of registered land – Effect of absence of sale agreement naming registered trustees, lack of trustees' resolution or power of attorney, and authority of local leadership to sell. Appellate procedure – Competency of appeal where only one tribunal respondent appeals while another remains as respondent. Relief – Leave to appeal granted; no order as to costs.
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25 September 2020 |
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Applicant's registered title prevails; respondent's unproven sale agreement fails; injunction and costs awarded to applicant.
Land law – registered title as paramount evidence of ownership – insufficiency of uncorroborated sale agreement and village verification to displace title – trespass – declaratory relief, permanent injunction and costs.
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25 September 2020 |
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Whether a Ward Tribunal's erroneous statutory citation caused failure of justice and whether an unrecorded retrial order is valid.
Land disputes — Ward Tribunal irregular citation of statutory provision — Section 45 Land Disputes Courts Act (no reversal unless error occasioned failure of justice) — Overriding objective and substantive justice — Appellate decree must reflect orders pronounced in judgment — Order of retrial absent from judgment is fatal.
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24 September 2020 |
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A judgment-debtor cannot be imprisoned absent evidence of bad faith beyond mere non-payment under Order XXI r.39(2).
Order XXI, r.39(2) – Civil imprisonment of judgment-debtor – statutory preconditions: transfer/concealment of assets; undue preference; refusal to pay despite means; likelihood of absconding; requirement of bad faith beyond mere default; evidentiary necessity and insufficiency of written submissions in absence of counter-affidavit; service by publication and ex parte procedure.
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23 September 2020 |
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Review dismissed where applicant merely challenged the court's reasoning and failed to show new evidence or a patent record error.
Civil Procedure – Review – Order XLII Rule 1 and Section 78 CPC – review limited to newly discovered evidence or error apparent on the face of the record. Review is not a substitute for appeal – disagreement with judicial reasoning or discretionary decisions (extension of time) is not a ground for review. Error apparent on the face of the record must be obvious and patent, not established by extended argument. Allegations about execution or stay of execution do not by themselves convert an appealable issue into a reviewable one.
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23 September 2020 |
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Plaintiff established ownership of eight acres; third parties' entry was trespass; unpleaded damages claim dismissed.
Land law – ownership – sale by estate administratrix; evidentiary weight of sale agreement, village minutes and Certificate of Customary Right of Occupancy. Civil procedure – ex parte proceedings – burden of proof remains on plaintiff despite defendants' non‑appearance. Tort – trespass – unauthorised entry onto land in possession of another. Remedies – declaratory and injunctive relief granted; unpleaded damages cannot be awarded.
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21 September 2020 |
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Applicant’s ownership claim fails; unappealed tribunal judgment, lawful mortgage and bona fide purchase defeat challenge.
Land — ownership dispute; effect of unappealed Tribunal judgment on ownership; validity of mortgage executed by registered owner; power of sale and auctioneer procedures; protection of bona fide purchaser under Land Act; burden to prove fraud or misrepresentation.
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21 September 2020 |
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Court dismissed unprosecuted preliminary objection, granted extension for sickness, set aside dismissal and restored the appeal.
Civil procedure – compliance with court orders – failure to file counter-affidavit and written submissions – preliminary objection dismissed for non-prosecution. Extension of time – sufficient cause – sickness supported by medical chits accepted as ground for extension. Setting aside dismissal order and restoration of appeal where delay is justified and application is unchallenged.
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21 September 2020 |
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Leave to appeal granted because an arguable issue of res judicata and Ward Tribunal jurisdiction warrants Court of Appeal review.
Leave to appeal — discretionary leave to appeal to Court of Appeal; extension of time — sufficiency of reasons, technical delay (delay in obtaining drawn order); illegality as ground for extension/leave — must point to specific point of law; res judicata and jurisdiction of Ward Tribunal — arguable issue warranting appellate determination; prohibition on re‑litigation of matters already decided below.
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21 September 2020 |
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High Court proper forum for suits involving government officers; earlier 90-day notice remains valid absent statutory expiry.
Land law; jurisdiction – pecuniary limits versus suits against government; Government Proceedings Act – section 7 (suits against government to be in High Court); statutory 90-days' notice of intention to sue – validity where Act silent on lifespan.
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21 September 2020 |
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Failure to file court‑ordered written submissions amounted to non‑appearance and justified dismissal for want of prosecution.
Civil procedure – Failure to file court‑ordered written submissions – tantamount to non‑appearance – dismissal for want of prosecution – costs in the cause.
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21 September 2020 |
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An appeal was struck out as incompetent because necessary trial parties, including the mortgagor spouse, were omitted.
Civil procedure – Appeal maintainability – omission of necessary parties – where a dispute involves a mortgage over a purported matrimonial home, the mortgagor spouse and other trial defendants are necessary parties; omission renders appeal incompetent and liable to be struck out.
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20 September 2020 |
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Refusal to extend time was upheld because the appellant failed to prove sufficient cause with required particulars.
Extension of time – sufficient cause – applicant must plead and prove specific facts showing cause of delay. Affidavit requirements – necessity of particulars (name of clerk, dates) to link clerk’s conduct to delay. Procedural technicalities and lay representation – being a layperson or procedural irregularity does not automatically justify extension of time. Discretionary refusal – absence of factual foundation justifies DLHT refusal to extend time.
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18 September 2020 |
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Court struck out incompetent ward suit and nullified revisional decision for lack of ward records and locus standi.
Land law — locus standi — administrator’s letters — competence of suit; Procedural irregularities — absence of ward tribunal record and case number — nullification of lower tribunal decisions; Revisional powers — quashing erroneous orders and striking out incompetent proceedings; Duty to investigate missing court records and possible disciplinary measures.
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18 September 2020 |
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High Court certified the Ward Tribunal quorum (jurisdiction) for appeal, rejecting the fair‑hearing complaint as factual.
Land procedure – Certification for appeal from Ward Tribunal – distinction between questions of law and questions of fact for certification; Jurisdiction – Ward Tribunal quorum as a jurisdictional issue that may be raised at any stage; Appellate practice – High Court’s duty to critically evaluate and not perfunctorily certify points of law.
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18 September 2020 |
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An applicant's delay caused by counsel's negligence does not constitute good cause for extension of time to appeal.
Extension of time – "good cause" test: account for delay, diligence, non-inordinate delay, important point of law; Illegality as ground for extension – must be apparent on the face of the record and pleaded in affidavit/grounds of appeal; Appeals from ward tribunals – CPC requirements to attach judgment copies do not apply; Advocate's negligence/error – ordinarily not sufficient ground for extension of time; Procedural compliance – written submissions held to be timely.
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18 September 2020 |
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Combining extensions to file a notice of appeal and to seek leave to appeal is incompetent and was struck out.
Civil procedure – Appeals – Application for extension of time – Whether extension to file notice of appeal and extension to file application for leave to appeal may be combined in one chamber summons – Notice of appeal (or extension) is a condition precedent to leave application – Omnibus prayers render application incompetent and liable to be struck out. Appellate Jurisdiction Act, Cap 141 s.11(1) – Proper provision for extension of time.
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16 September 2020 |
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Leave to appeal granted where application under section 47(2) was properly filed and respondents conceded the prayer.
Land law – Leave to appeal – Application under section 47(2) Land Disputes Courts Act – Properly before court – Effect of respondents' concession – Costs in the course.
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14 September 2020 |
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The applicant's request to lift attachment was dismissed as it sought re‑determination and would reverse a prior execution order.
Civil procedure – Section 38 CPC – jurisdiction to determine questions arising in execution; subsequent applications filed during pendency of earlier applications; re‑determination and abuse of process – application overtaken by events after earlier dismissal allowing execution.
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14 September 2020 |
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Leave to appeal refused where proposed grounds were new and failed to raise an arguable point of law.
Land law — Leave to appeal under s.47(1) LDCA — discretionary grant where arguable point of law or disturbing features — new grounds not previously raised cannot justify leave — procedural complaints and factual issues raised for first time do not, without more, merit Court of Appeal intervention.
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14 September 2020 |
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Extension of time to seek certification on point of law refused for failure to account for 171 days' delay.
Civil procedure – Extension of time – application for certificate on point of law – distinction between leave to appeal (s.47(1)) and certificate on point of law (s.47(2)). Requirement to account for delay – Lyamuya Construction test – unexplained 171 days' delay fatal to application. Application dismissed with costs.
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14 September 2020 |
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Leave to appeal refused where alleged defects were factual, unraised below, or merely clerical; no point of law certified.
Land law; leave to appeal — certification of point of law — ex-parte proceedings and remedy to set aside; administration of deceased estate — locus to defend deceased property; execution of decree — transfer to non-party; clerical errors in judgment — remediable, not point of law.
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14 September 2020 |
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Applicant granted six‑month interim injunction restraining respondent from invading or evicting at disputed premises pending main suit.
Civil procedure – interim injunction – principles in Atilio v Mbowe: prima facie case, irreparable injury, balance of convenience must be satisfied cumulatively. Land law – disputed auction and transfer of property – interim relief to preserve status quo pending main suit. Equitable relief – protection against eviction and interference with possession while substantive rights are adjudicated.
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14 September 2020 |
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Inadequate medical evidence and failure to account for delay justify refusal to extend time to seek certification of a point of law.
Civil Procedure — Extension of time — Application under s.14 Limitation Act and s.95 CPC — Applicant must account for all days of delay. Evidence — Medical report must particularize admission/discharge and nature/progression of illness to justify delay. Discretion — Lack of diligence or negligence defeats application for extension.
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14 September 2020 |
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Applicant failed to account for delay and offered unauthenticated text messages; extension of time to file leave to appeal was refused.
Civil procedure – Application for extension of time under section 11(1) AJA – discretion to grant/extensions only on sufficient cause; applicant must account for every day of delay (Lyamuya guidelines). Evidence – Printouts of text messages – necessity for authentication and certification by service provider; informal texts insufficient to constitute formal settlement in court proceedings. Procedural conduct – Failure to file counter-affidavit or written submissions does not automatically amount to concession in extension applications.
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14 September 2020 |
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Court reviewed and set aside final disposal of a suit as to a non‑settling defendant who was condemned unheard.
Civil procedure — Review under section 78(1)(b) and Order XLII Rule 1(1)(b) — Apparent error on face of record — Deed of settlement disposing suit only between some parties — Right to be heard — Setting aside final disposal as to non-settling party.
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14 September 2020 |
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Delay in receiving certified copies and applicant's lay status warranted extension of time to file appeal.
Extension of time – Land Disputes Courts Act s38(1) – Delay in obtaining certified copies of judgment – sufficient cause – expunging evasive submissions – ex parte proceedings.
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14 September 2020 |
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A land court lacks jurisdiction over disputes arising from unresolved probate and administration of an estate.
Jurisdiction – Land Division vs. probate courts – disputes over estate administration must be determined by probate/administration courts where estate accounts are unresolved. Preliminary objections – must raise pure points of law apparent on pleadings (Mukisa, Lyamuya). Probate law – administrator’s powers and resolution of misappropriation claims. Competence – where probate court is still seized, courts lack jurisdiction to adjudicate title disputes arising from the estate.
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13 September 2020 |
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Non‑compliance with mandatory requirement for assessors to give opinions in parties' presence vitiates tribunal proceedings; retrial ordered.
Land disputes — Assessors — Mandatory requirement for assessors to give opinion in presence of parties under s.23 Cap. 216 and reg.19(2) G.N.174/2003 — Failure to afford opportunity vitiates proceedings — Quoting written assessor opinions does not cure irregularity — Revisional powers to nullify and order retrial.
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11 September 2020 |
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An application for a representative suit is incompetent where the supporting affidavit lacks signed consent from the persons to be represented.
Representative suits – Order I r.8(1) CPC – affidavit requirement – list of beneficiaries must show signatures/countersignatures evidencing consent – absence of consent renders representative application incompetent – preliminary objections dispositive.
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11 September 2020 |
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Tribunal rightly executed a decree identifying Plot No.41 Block P; technical defects and miscitation did not invalidate execution.
Civil Procedure – Decree contents – Order XX Rule 9 – description of immovable property required; decree valid where property identified by plot and block. Execution – delay/abandonment – party alleging abandonment must prove it; settlement attempts and scheduling negate abandonment. Overriding objective – technical objections may be considered and decided collectively to cure non‑prejudicial defects. Omnibus prayers – execution and costs may be combined; not inherently illegal (Order XXI Rule 10). Ex parte judgments – may be executed where no successful challenge has been pursued. Procedural irregularity – miscitation of statutes not fatal absent prejudice; limitation bars tardy challenges (s.41 Land Disputes Courts Act).
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11 September 2020 |
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Whether an administrator's land recovery claim is time-barred depends on adverse possession and accrual under the Limitation Act.
Land law – Limitation – s.9(1) LLA: deemed accrual at death where deceased in possession; s.33(1): adverse possession required for accrual; s.35 does not exclude time between death and grant of administration; s.25(1) excludes only time spent obtaining probate/administration; factual disputes on adverse possession require trial.
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11 September 2020 |
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Failure to attach the decree to a memorandum of appeal renders the appeal incompetent and subject to being struck out.
Civil Procedure – Order XXXIX Rule 1 CPC – Mandatory requirement to attach decree to memorandum of appeal; Appeals from District Land and Housing Tribunal – s.41 Land Disputes Courts Act – applicability of CPC; Preliminary objection – incompetence of appeal for omission to attach decree; Appeal struck out with costs.
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11 September 2020 |
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Delay awaiting copies of a tribunal ruling can constitute good cause for extension of time to file an appeal.
Land law — Extension of time to appeal — Section 41(2) Land Disputes Courts Act — Computation of limitation — Period awaiting copies of judgment/decree excluded under the Law of Limitation Act — Good cause established where applicant lacked control over obtaining judgment copy.
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11 September 2020 |
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Appellant failed to prove ownership; respondent's sale agreement and evidence upheld and appeal dismissed, each party to bear own costs.
Land law – ownership disputes over village land – burden of proof; possession by clearing bush versus registered/documentary sale agreement; admissibility and presence of documents in tribunal record; appellate review of ward tribunal findings; effect of delay in initiating proceedings.
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11 September 2020 |
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Absence of assessors’ recorded and read opinions vitiates tribunal proceedings; judgment quashed and trial nullified.
Land disputes — Assessors’ participation — Requirement that each assessor give written opinion and that opinions be on record and read to parties before judgment — Failure to record/read assessors’ opinions is a fundamental irregularity vitiating proceedings.
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8 September 2020 |