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Citation
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Judgment date
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| April 2020 |
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Leave to appeal granted where alleged illegality in ex parte proceedings denied applicant right to be heard.
Land procedure – leave to appeal under section 47(1) Land Courts Disputes Act – ex parte proceedings – service of summons – right to be heard – illegality as ground for leave to appeal.
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9 April 2020 |
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A non-party cannot nullify a recorded consent settlement by fresh suit; objection must be filed in the originating court.
Civil procedure – jurisdiction – challenge to consent settlement recorded under Order XXIII r.3 CPC – appropriateness of fresh suit versus objection proceedings under Order XXI r.57. Execution proceedings – attachment of property – rights of third parties and investigatory powers of the court under Order XXI r.57 CPC. Consent judgments and recorded deeds – comity between divisions of the High Court and finality of recorded settlements. Allegations of fraud – necessity of pleading particulars and proper remedy in originating court.
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9 April 2020 |
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Late submissions filed without leave may be disregarded, leading to dismissal of preliminary objections for want of prosecution.
Civil procedure – preliminary objection – competence of documents – requirement for drawer's name and address under Advocates Act s.44(2); Civil procedure – consequences of non-compliance with court orders – written submissions filed out of time without leave may be disregarded; Failure to prosecute – late filing equated to failure to appear and may lead to dismissal of objections.
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6 April 2020 |
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Applicant failed to establish prima facie case, balance of convenience, or irreparable harm; injunction refused and application dismissed with costs.
Civil procedure – Temporary injunctions – Requirements: prima facie case, balance of convenience, irreparable injury – Atilio v Mbowe/American Cyanamid principles. Mortgages – Sale of mortgaged property – Necessity of proper default notices and publication when personal service fails. Banking law – Protection of creditor’s interest and public interest in recovery of loans; prejudice to bank from interlocutory stay. Discretionary relief – Injunction refused where debtor admitted default and procedural requirements for sale were met.
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6 April 2020 |
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Applicant failed to prove sufficient cause for extension of time; application struck out as premature and unsupported.
Land law — extension of time to appeal — discretion under section 41(2) Land Disputes Courts Act — sufficient cause required; Limitation law — computation of appeal period — section 19(2) Law of Limitation Act; procedural law — facts must be pleaded in affidavit; negligence/inaction is not sufficient cause.
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6 April 2020 |
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Objection to attachment dismissed for failing to prove the registered plot was the land subject to the decree.
Civil Procedure – Order XXI r.57 CPC – Objection to attachment – Objector must prove interest or possession at date of attachment. Evidence – Requirement to establish nexus between registered title and land described in decree before vacating execution. Locus – Power of attorney to transfer property includes authority to commence or defend proceedings related to that transfer.
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6 April 2020 |
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A non‑party lacks locus to seek review; application for extension of time struck out as incompetent and res judicata.
Civil Procedure — Review jurisdiction (Order XLII CPC) — Locus standi — Non‑party cannot apply for review; Extension of time requires competence to pursue the intended remedy; Res judicata and conclusive effect of objection order (Order XXI r.62 CPC).
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6 April 2020 |
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Applicants who accepted compensation and vacated land cannot later challenge the valuation without proof of underpayment.
Land acquisition – valuation and compensation – participation of landowners in valuation – use of government valuation rates – requirement to tender evidence for subsequent re-valuation – estoppel after acceptance of compensation.
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3 April 2020 |
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An eviction without serving the statutory one-month notice is unlawful; personal hardship does not justify non-compliance.
Land law – landlord and tenant – eviction – requirement to serve one-month notice where rent unpaid (Land Act, s.88(2)(b)(i)) – eviction without statutory notice unlawful. Civil procedure – timeliness of appellate written submissions – certification by tribunal establishes timely filing. Equity versus statutory compliance – personal hardship does not excuse non-compliance with eviction procedures.
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1 April 2020 |
| March 2020 |
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Negligence of the applicant's counsel does not justify re-admission of an appeal dismissed for want of prosecution.
Civil procedure — Restoration of appeal dismissed for want of prosecution — Application under Order XXXIX Rule 19 CPC. Affidavits — Content limited to facts — Order XIX Rule 3(1) CPC — Affidavit containing law, prayers and arguments is defective and expunged. Evidence vs submissions — Expungement of counter-affidavit does not make application unopposed; submissions are not evidence. Negligence of counsel — Not a sufficient ground to re-admit an appeal or extend time; applicant must show diligence.
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26 March 2020 |
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Prior lawful occupation and purchase protect an owner from losing land through later demarcation absent compensation.
Land law — ownership and possession — prior occupation and deeds vs later municipal demarcation; Evidence Act sections 110(1) and 119 — burden of proof where ownership in dispute; Demarcation/allocation — inclusion into later parcel does not divest earlier owner absent compensation or lawful process; Appellate review — weight to ward tribunal records and municipal surveyor’s report.
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25 March 2020 |
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Public auction of mortgaged property without 14 days’ notice is void; purchaser lacks s.135 protection absent registration.
Auctioneers Act s.12(2)-(3) — mandatory 14‑day public notice for immovable property auctions; failure vitiates sale; Mortgagee power of sale; Land Act s.135 protection requires registration; Procedural correction of litigant’s capacity; Limitations on spouse/spousal‑consent challenges by administratrix.
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24 March 2020 |
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Applicant’s illness and police loss report of stolen medical records constituted good cause to extend time to file appeal.
Extension of time – good cause – discretionary relief – factors include length of delay, reasons, prejudice and arguable appeal. Proof of delay – medical incapacity substantiated by police loss report of stolen medical records deemed relevant. Age of litigant – advanced age as factor in considering inherent slowness and excuse for delay. Exercise of judicial discretion – balance of prejudice and right to be heard supports granting extension.
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24 March 2020 |
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Commissioner for Lands is a necessary party in land disputes with conflicting allocation documents; suit struck out for non-joinder.
Civil procedure – Necessary party – non-joinder – Order I r.9 CPC – exception in land ownership disputes Land law – allocation documents, offers and title deeds in different names – Commissioner for Lands as mandated allocating authority Pre-trial procedure – requirement of 30-day notice before instituting suit against a government institution
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24 March 2020 |
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Objection under Order XXI requires an actual attachment in execution; application premature and struck out with costs.
Civil Procedure – Objection proceedings to attachment – Order XXI Rules 57(1),(2) and 59 CPC – Mandatory pre-conditions: attachment, execution proceedings, and stranger to the suit. Procedural law – Prematurity of application – No attachment/execution pending renders objection proceedings incompetent. Limitation and affidavit defects – unnecessary to determine once application found incompetent under Order XXI.
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23 March 2020 |
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Delay not fully explained, but alleged illegality (respondent's locus standi) justified a 14‑day extension to file appeal.
Land law – extension of time under s.38(1) Land Disputes Courts Act – requirements of good and sufficient cause – need to account for each day of delay and demonstrate diligence. Civil procedure – delay in supply of certified copy – not automatically excusing unexplained pre-request delay. Illegality principle (Valambia) – alleged illegality (locus standi) can justify extension of time to enable appellate determination.
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23 March 2020 |
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Applicant failed to prove marriage; property not matrimonial and mortgagee’s affidavit satisfied regulatory due diligence, appeal dismissed.
Land law – mortgage of land – requirement of spouse consent where property is matrimonial; applicability of Law of Marriage Act and Land Act. Evidence – burden of proof – he who alleges must prove; oral evidence requires corroboration for matrimonial status. Mortgage Financing – compliance with Land (Mortgage Financing) Regulations and use of affidavit/declaration to establish sole ownership. Relief – validity of mortgage and auction where no proven spouse interest.
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23 March 2020 |
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Whether administrative correspondence to the Registrar suffices as sufficient cause to extend time to restore a dismissed application.
Extension of time – application to set aside dismissal for want of prosecution – sufficiency of reasons – affidavit must state reasons for delay – administrative correspondence to Registrar not proper remedy – Order IX and Order XLIII CPC; Law of Limitation Act s.14(1).
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23 March 2020 |
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Applicant's illness and counsel fee dispute did not justify extension of time to file notice and leave to appeal.
Civil procedure – Extension of time – Application for leave to appeal out of time – Sufficient cause required – illness and disputes with counsel insufficient where applicant fails to account for delay and lacks diligence; request by advocate for copies of ruling undermines excuse.
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23 March 2020 |
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An unregistered agreement purporting to transfer interest in registered land cannot support specific performance without proof of title.
Land law – registered land – instruments affecting title must be registered; unregistered agreements affecting registered land inadmissible to confer title. Evidence – necessity of producing certificate of title or search report when claiming rights in registered land. Specific performance – cannot be granted where the purported transfer instrument is unregistered and title is unestablished. Procedure – expungement of documents and striking out for failure to disclose cause of action.
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23 March 2020 |
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Applicant granted leave to seek extension of time due to delayed supply of judgment and prompt action after a struck-out application.
Civil procedure – extension of time – application under section 41(2) Land Disputes Courts Act – delay due to late supply of judgment and striking out of earlier application for wrong provision – discretion exercised in interests of justice.
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23 March 2020 |
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Appellant lacked locus standi to sue as administrator without letters; tribunal's dismissal substituted with striking out and appeal dismissed.
Civil procedure – locus standi – administrator of deceased estate – requirement to produce letters of administration; Appeals – maintainability – aggrieved party may appeal despite defective capacity at trial; Trial tribunals – power to raise locus standi suo motu; Appellate powers – substitution of orders under s.43(1)(b) Land Disputes Courts Act (Cap.216).
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20 March 2020 |
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An application for leave was incompetent where a certificate on points of law (not leave) was required; extraneous prayer struck out with costs.
Land law – Appeals – Distinction between first appeals and appeals on appeal – s.47(1) LCDA (leave) vs s.47(2) LCDA (certificate on points of law). Procedural law – Applicants must seek and support the precise relief in the chambers summons and affidavit; court will not convert applications by submissions. Civil procedure – Inadmissibility of extraneous prayers in submissions; such prayers are struck out with costs.
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20 March 2020 |
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An application to set aside a dismissal was dismissed as time‑barred for being filed after the statutory 30‑day limit.
Limitation law – setting aside dismissal order – item 4, Part III, Law of Limitation Act (30‑day limit); Civil Procedure – Order IX Rule 9(1) CPC – restoration of suit; Preliminary objection – time‑barred applications; Applicant’s failure to respond to court’s invitation – effect on jurisdiction.
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18 March 2020 |
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Application for extension of time dismissed as res judicata where same decision was already determined by the High Court.
Civil procedure – extension of time – res judicata – application seeking to appeal a tribunal decision already determined by the High Court in a prior appeal is incompetent; proper remedies are appeal to the Court of Appeal or application to set aside ex parte judgment.
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17 March 2020 |
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Purchaser who bought land in 2008 from compensated vendors failed to prove vendors had title; appeal dismissed with costs.
Land law – effect of government revocation and compensation on original owner’s title – sale by family after compensation – burden of proof on purchaser to show vendors had title to transfer – long undisturbed occupation as factor in competing land claims – appellate review of factual findings of tribunal.
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16 March 2020 |
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Whether listing a ward tribunal secretary on attendance list conclusively proves membership and mandates nullification of proceedings.
• Administrative law – tribunal procedure – whether listing a secretary on attendance list proves participation as a tribunal member – distinction from cases where secretary actively adjudicated. • Civil procedure – appellate review – nullification of lower tribunal proceedings suo motu for alleged irregular composition. • Overriding objective – limitations on curing substantive irregularities absent miscarriage of justice.
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12 March 2020 |
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Applicant's suit restored where medical report substantiated advocate's incapacity and personal attendance was not mandated.
Land law — dismissal for want of prosecution — restoration of proceedings — admissibility of medical report prepared after dismissal to prove advocate's earlier incapacity — reliance on advocate's appearance; Order III r.1; Order 9 r.8.
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12 March 2020 |
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Leave to appeal granted where arguable points of law include suo motu notice issues and relevance of sale agreements.
Land law – leave to appeal – Section 47(1) Land Disputes Courts Act – leave granted where prima facie point of law or mixed law and fact warrants Court of Appeal consideration; procedural fairness – raising issues suo motu and duty to give parties opportunity to be heard; relevance of sale agreements to land dispute.
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11 March 2020 |
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Appeal struck out for being incompetent where mandatory decree was not attached; late attachment by amendment did not cure defect.
Land law – appeals – procedural requirements for appeal from District Land and Housing Tribunal; limitation of time under s.41(2) Land Disputes Courts Act; mandatory attachment of decree and judgment under Order XXXIX Rule 1(1) Civil Procedure Code; limits of amendment to cure procedural incompetence.
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11 March 2020 |
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Trial tribunal erred by deciding a land dispute over a community water-well without visiting the locus in quo, judgment nullified.
Land law; locus in quo visits — not universally mandatory but necessary when factual issues (boundaries, community resource use) require on-site verification; evidence assessment — documentary versus oral; trial tribunal duty to inspect where community rights and boundary disputes affect reliefs.
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10 March 2020 |
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A later suit between successors in title was barred by res judicata; the prior ward tribunal decision prevails.
Civil procedure – res judicata – Section 9 Civil Procedure Code – subsequent suit between successors in title barred where matter was previously heard and finally decided. Land law – title succession – successors in title cannot relitigate ownership already determined by a competent tribunal. Appellate review – failure of trial and appellate tribunals to appreciate res judicata renders their proceedings null and void. Evidence – allocation receipts and witness contradictions were secondary where prior judgment on ownership remained unchallenged.
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10 March 2020 |
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Non-joinder of predecessors and survey companies rendered the land ownership judgment null; matter remitted for rehearing with necessary parties joined.
Land law; ownership disputes; identity and renumbering of surveyed plots; non-joinder of necessary parties (predecessors and survey companies); revisional powers; remittal for rehearing.
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9 March 2020 |
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Court grants extension to appeal where tribunal’s late supply of judgment impeded unrepresented applicant’s timely appeal.
Extension of time – sufficient cause – delay caused by late supply of judgment/decree by trial tribunal – unrepresented litigant’s need for copies – exercise of court’s discretion.
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9 March 2020 |
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A valid joinder by amendment and correctable clerical omission do not defeat res judicata; appeal dismissed.
Civil procedure – res judicata – section 9 CPC – requirements: same parties, same subject matter, same title, heard and finally decided by competent court. Joinder by amendment – a party validly joined by amendment is bound by subsequent judgment. Clerical omission – omission of a party's name on judgment is a clerical error correctable under section 96 CPC and does not vitiate res judicata. Preliminary objection – points of law (res judicata) do not require evaluation of evidence.
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9 March 2020 |
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Leave to appeal granted due to a jurisdictional dispute (probate versus land) and conflicting lower-court decisions.
Civil procedure – Leave to appeal under section 47(1) Land Disputes Courts Act – grant of leave where jurisdictional question and conflicting decisions exist. Jurisdiction – distinction between probate matters and land disputes; requirement to join administrator of estate. Appellate review – conflicting findings between tribunal and appellate court as a ground for leave to appeal.
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9 March 2020 |
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An incorrect statute revision year is curable, but an altered or defective jurat makes an affidavit incurably defective and application incompetent.
Civil procedure – Preliminary objection – Competence of application – Incorrect citation of revision year is a curable technicality under the overriding objective. Evidence/affidavit formalities – Jurat of attestation – Date in differing handwriting/ink and absence from served copy indicates possible alteration; affidavit incurably defective. Notaries Public and Commissioner for Oaths Act – Compliance with jurat requirements essential for affidavit validity.
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9 March 2020 |
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Applicants' delay to seek review was inordinate and unexplained; lack of funds and delayed counsel engagement did not justify extension.
Limitation of actions – extension of time under section 14(1) Law of Limitation Act – requirement to show sufficient cause; Delay – mobilization of funds and securing private legal representation do not automatically amount to sufficient cause; Procedural knowledge – presence of counsel at delivery of ruling negates claim of ignorance; Discretionary relief – unexplained inordinate delay disentitles applicant to extension.
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9 March 2020 |
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Extension of time granted because applicants were absent and not notified, permitting a review application to be filed within 15 days.
Civil Procedure – Extension of time – Section 14(1) Law of Limitation Act – whether absence and lack of notification amount to sufficient cause for enlargement of time; Natural justice – right to be heard – non-notification/absence as basis for review; Extension principles – requirement to account for delay and role of alleged illegality as factor in granting extension; Costs – costs to follow cause in intended application.
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9 March 2020 |
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Appellant failed to prove adverse possession; respondent’s inheritance evidence preferred and appeal dismissed with costs.
Land law – locus standi – party selection by applicant; Adverse possession – allocation and acquiescence required; Burden of proof – s.110 Evidence Act; evidential weight of testimony and village proceedings.
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9 March 2020 |
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Appellant lacked legal mandate to sue on deceased’s land; lower proceedings void and appeal dismissed with costs.
Property law – locus standi – suit over deceased’s property – requirement to produce Letters of Administration before suing on estate property; nullity ab initio. Civil procedure – jurisdiction – proceedings commenced by person without mandate are incompetent. Evidence – second appeal limited to misdirection on evidence; merits not considered where jurisdictional defect exists.
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9 March 2020 |
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Respondent’s seven-year undisturbed occupation constituted abandonment under s.45(1), defeating the applicant’s purchase claim.
Land law – Village Land Act s.45(1) – abandonment of customary land where not used for five years or more. Possession – undisturbed occupation for seven years constitutes abandonment and supports competing possession claims. Evidence – purchaser bears burden to rebut statutory abandonment where long adverse occupation is proved. Appeals – appellate tribunal’s factual findings on possession and abandonment will not be overturned absent misdirection.
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9 March 2020 |
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A consent judgment requiring withdrawal of proceedings rendered the subsequent land suit res judicata and ousted the court's jurisdiction.
Civil Procedure – res judicata (section 9 CPC) – requirement that matter directly and substantially in issue was previously heard and finally decided.* Consent judgments – settlement agreements adopted by court acquire contractual effect and bind parties; can oust jurisdiction by requiring withdrawal of pending suits.* Jurisdiction – consent order rendering court functus officio where parties agreed withdrawal of related proceedings.* Preliminary objections – pure points of law may be raised with leave and decided under Mukisa principles.
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9 March 2020 |
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Proceedings were void where respondent sued over deceased’s land before obtaining letters of administration.
Probate and administration – Letters of Administration obtained after suit commenced – locus standi to sue – timing of probate documents; jurisdiction of Ward Tribunal in matters involving estate administration; nullity ab initio where plaintiff lacks authority; appellate review for misdirection on jurisdictional facts.
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9 March 2020 |
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Registered title and letter of offer establish ownership; appellant failed to prove prior possession; damages reduced to TZS 3,000,000.
Land law – proof of ownership by Letter of Offer and Certificate of Title; challenge to title must be raised at trial; onus to prove prior possession; assessors’ opinion on record; appellate reduction of excessive general damages.
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9 March 2020 |
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A company must plead and show a board resolution authorising litigation; absence renders the suit incompetent and it is struck out.
Company law – separate legal personality; board of directors manage company affairs; resolution required to authorise litigation. Civil procedure – competence of suit; board resolution is a condition precedent and must be pleaded/annexed to the plaint. Preliminary objection – absence of board resolution may be decided on pleadings and renders suit incompetent.
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6 March 2020 |
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Appeal dismissed: appellant failed to prove ownership and respondent’s long peaceful possession established lawful ownership.
Land law – possession and ownership – prolonged peaceful occupation as basis for lawful ownership. Evidence – burden of proof – appellant challenging possession must prove ownership, cannot rely on defence weaknesses. Procedure – appellate submissions must adhere to grounds of appeal; new issues/annexures not in petition will not be considered.
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6 March 2020 |
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Customary land rights survive a governmental grant absent full compensation, so the appellant’s ownership claim failed.
Land law – ownership dispute over plot allocated by municipal council; customary/deemed right of occupancy – requirement of prompt/full compensation for displacement; allocation/grant does not extinguish customary title absent compensation; appellate review – adequacy of tribunal's analysis and non-joinder of land allocating authority.
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6 March 2020 |
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Defective affidavit paragraphs were expunged; nullified power of attorney does not bar challenging prior acts, and revision proceeds.
Civil procedure – Affidavits – Order XIX Rule 3(1) CPC – impermissible prayers in affidavit – expungement of defective paragraphs versus incurable defect; Locus standi – effect of subsequent nullification of special power of attorney on being sued for prior acts – revision proceedings admissible.
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3 March 2020 |
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Court granted extension to appeal despite advocate negligence, relying on alleged illegality and corporate reliance on officers.
Extension of time – sufficiency of cause – advocate’s negligence and lack of internal follow‑up – alleged illegality in impugned decision as ground for extension – corporate litigant’s reliance on officers – discretionary exercise of court’s power.
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3 March 2020 |